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 November 22, 2014, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality, with the status of stay in the Tourism Department (B-2), and applied for refugee status to the Defendant on November 28, 2014.
B. On November 28, 2014, 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. On January 9, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was not a member of the Unslock Zone, but was arrested by the police on October 4, 2013 on the ground that the Plaintiff participated in the demonstration as a sponsor of the Unslock Stlock Zone.
In the event that the Plaintiff’s return to his home country is likely to be affected by misunderstanding as a slick-type group, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. (1) 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 in the Republic of Korea who are unable to be protected or do not want to be protected of the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”