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 Korea on June 2, 2015 with a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”), and applied for refugee status to the Defendant on July 16, 2015, after entering the Republic of Korea as a tourism channel (B-2) sojourn status.
B. On October 30, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from 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 appealed to the Minister of Justice on November 13, 2015, but the said objection was dismissed on June 30, 2016.
[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff had sexual intercourse with female-friendly women, and was threatened with murder several times from the family members of the Ansan Women's Parental Gu.
In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.
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, foreigners who, owing to a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, do not want to be protected by the country of nationality, or a state of nationality who, owing to such fear, was unable to return to or does not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is life and body.