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 October 24, 2014, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on October 24, 2014, and applied for refugee status to the Defendant on June 22, 2015.
B. On October 29, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff was notified of the instant disposition on November 11, 2015, and filed an objection with the Minister of Justice on November 30, 2015, but the said objection was dismissed on February 24, 2017.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is Muslim, and the plaintiff was threatened with murder on the ground that he/she sawd with a woman-friendly group.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. Determination 1) “Refugee” refers to any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, religion, nationality, status as a member of a particular social group, or political opinion, of a foreigner who is unable or does not want to be protected by the country of his/her nationality due to well-founded fear that he/she is likely to be detrimental to the protection of the country of his/her nationality (Article 2 subparag. 1. 2 of the Refugee Act) or a 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 (Article 2 subparag. 1. 2 of the Refugee Act).