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 May 11, 2017, the Plaintiff entered the Republic of Egypt (hereinafter “Egypt”) by a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) and stayed in the Republic of Korea by visa visa (B-2), and applied for refugee status to the Defendant on May 31, 2017.
B. On June 19, 2017, the Defendant rendered 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 July 24, 2017, the Plaintiff filed an objection with the Minister of Justice, 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. The gist of the Plaintiff’s assertion is that the Plaintiff borrowed money from the bank while operating the factory in Egypt.
Since then, the plaintiff was unable to pay money borrowed from the bank due to the closure of the factory.
Since Egypt is subject to criminal punishment on the grounds of non-performance of civil obligation, if the plaintiff returns Egypt to Egypt, it is likely that it would be persecution due to the above circumstances.
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.