난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff entered the Republic of Korea on August 6, 2017, as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”).
B. On August 28, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on August 30, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).
C. On September 25, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on June 12, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion was admitted to B in around 2012, and the Plaintiff also participated in the Government Demonstration several times, which may be arrested and punished if he/she returned to Egypt, his/her home country.
Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.
(b) Determination 1 Article 2 subparagraph 1 of the Refugee Act is a foreigner who is unable or does not want to be protected by a State of nationality due to well-founded fear that he/she may be disadvantaged on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or a country in which he/she resided before entering Korea due to such fear.