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. On April 1, 2016, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on April 1, 2016, and applied for refugee recognition to the Defendant on September 25, 2017 (hereinafter “instant application”).
B. On April 23, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on May 18, 2018, but was dismissed on February 14, 2019.
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’
If the plaintiff returns to Korea with Egypt after borrowing money from the merchants in Egypt and having been sentenced to a total of five convictions due to the failure to repay the money, the plaintiff will be sentenced to a total of 25 years punishment according to the above five convictions.
Therefore, inasmuch as there exists a well-founded fear that if the Plaintiff returned to Korea with Egypt, the Plaintiff would be subject to gambling as above, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.
B. Determination 1 'Refugee' is a well-founded fear that is likely to be detrimental to a person’s race, religion, nationality, status as a member of a particular social group, or political opinion, and thus, constitutes a country of nationality.