난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a foreigner of Egypt nationality.
On June 15, 2015, the Plaintiff applied for refugee status to the Defendant.
On December 17, 2015, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.
(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence Nos. 1 to 3, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The instant disposition is unlawful, since the Plaintiff’s bank loans could be detained by imprisonment with prison labor for three years, due to the Plaintiff’s failure to repay the loans.
B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.
(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.
(see, e.g., Supreme Court Decisions 2013Du14269, Mar. 10, 2016; 2012Du14378, Apr. 25, 2013). In cases where the Plaintiff returned to a country of nationality, there is no evidence to deem that there is a well-founded fear of persecution for reasons of race, religion, nationality, status as a member of a specific social group, or political opinion.
The plaintiff's argument itself is based on race, religion, nationality, status as a member of a specific social group or political opinion.