난민불인정처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs, as an alien of Egypt nationality, filed an application for recognition of refugee status with the Defendant on April 17, 2014, and on June 5, 2015, Plaintiff B, who was the said Plaintiff, entered the Republic of Korea as the status of stay for each general visa (B2-1) entry on June 5, 2015. < Amended by Presidential Decree No. 26790, Nov. 16, 2015; Presidential Decree No. 26790, Nov. 24, 2015>
B. On December 23, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiffs’ assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiffs were dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 30, 2015, but a decision was rendered on October 27, 2016 to dismiss the Plaintiffs’ application.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-8, Eul evidence Nos. 1-3 (including additional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiffs asserted that the Plaintiff A died of the victim due to a traffic accident in Egypt, and then was threatened by his bereaved family members, and the Plaintiff B was kidnapped.
Therefore, the defendant's disposition of this case which did not recognize the plaintiffs as refugee despite high possibility of gambling when the plaintiffs return to the country of nationality is illegal.
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.
(Article 2 subparagraph 1 of the Refugee Act). Each evidence and evidence mentioned above.