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, who is a national of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt, entered the Republic of Korea with the status of stay B-2 (tourism) on November 19, 2016.
B. On March 8, 2017, the Plaintiff filed an application for refugee status with the Defendant, but on March 14, 2017, the Defendant rendered a disposition for refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in 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 April 5, 2017, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on July 18, 2017.
[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, around October 2016, exercised violence against the leader of a female who was sexual harassment. After that, the leader sought the Plaintiff’s house twice together with the police, and followed the Plaintiff to the police station. If the Plaintiff returned to Egypt, which is one of his/her own country, there is a concern for threatening the Plaintiff’s life or physical freedom from the abduction.
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. Article 2 Subparag. 1 of the Refugee Act provides sufficient grounds for recognizing that refugee status may be respected on the grounds of race, religion, nationality, status as a member of a specific social group or political opinion.