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 December 22, 2014, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea as the status of stay for tourism and Tong (B-2) and stayed illegally after the expiration of the period of stay (30 days), and filed an application for refugee status with the Defendant on July 28, 2015.
B. On September 15, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff joined the Muslim system as a Muslim, and that the Plaintiff was arrested by the Muslim group and the Plaintiff was compelled from the Muslim group to spread a weapon storage in the past, and refused to do so. The Plaintiff was arrested by the Muslim group around the end of 2013.
Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Egypt is highly likely to suffer from gambling.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. The phrase “gambling” which is a requirement for recognition of refugee status 1 is on life, body or freedom.