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 Egypt (hereinafter “Egypt”) on November 11, 2016 and applied for refugee status to the Defendant on December 2, 2016, after entering the Republic of Korea.
B. On May 25, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 5, 2017, but was dismissed on December 7, 2017.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. A. Around October 2016, the gist of the Plaintiff’s assertion is likely to be subject to criminal punishment due to a traffic accident caused by Egypt, and the Plaintiff was urged by the bank due to its failure to repay its obligations.
Therefore, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling when returning to Egypt, the instant disposition taken on a different premise is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized that he/she may be harmed by reasons of race, religion, nationality, membership of a particular social group, or political opinion, or a non-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.