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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Egypt - Entry into the Republic of Korea and refugee application: June 22, 2014 (Status of Sojourn: Tourism Tong (B-2)) / Application for refugee recognition on July 4, 2014
B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.
(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on March 23, 2016 [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s each entry, 1, 2, and 3, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff joined the Muschip group in 2013 and participated in a demonstration to support the former president’s return from Egypt in Egypt in June 2014, and the Plaintiff’s punishment was arrested and detained at his own home on the ground that he participated in the demonstration above.
There is a well-founded fear that the plaintiff can be imprisoned on the grounds of his status or political opinion as a member of a specific social group because the plaintiff's return to Korea is likely to be arrested and detained.
B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by adding the whole purport of the arguments to the evidence as stated in subparagraph 2, the evidence as mentioned in subparagraph 4, and the evidence as mentioned in subparagraph 4, and the following circumstances revealed in addition to the purport of the pleading as a whole.