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 August 28, 2014 with the nationality of the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the Republic of Egypt (hereinafter “Egypt”), and applied for refugee recognition to the Defendant on September 3, 2014.
B. On October 19, 2015, the Defendant issued a disposition to recognize 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 November 20, 2015, the Plaintiff filed an objection with the Minister of Justice on November 20, 2015, but the said objection was dismissed on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 to 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff asserted that the plaintiff was mistaken for the Muslim type, and the police was subject to the suspension of duty, and the suspension of duty was revoked through the court, but the police could not seek the job by refusing the plaintiff's reinstatement.
In the event that the Plaintiff returned to Egypt, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of being threatened for the said reason is unlawful.
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 persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea; and