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 Egypt (hereinafter “Egypt”) on September 27, 2017 and applied for refugee status to the Defendant on October 27, 2017, after entering the Republic of Korea.
B. On May 8, 2018, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “a sufficiently-founded fear of 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 18, 2018, but was dismissed on September 3, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the surviving family member of the victim who died of a traffic accident caused around December 2016, who caused the Plaintiff to kill the Plaintiff.
Therefore, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling when returning to Egypt, the instant disposition taken on a different premise is unlawful.
B. 1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 18 of the Refugee Convention, 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 injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is a state of nationality and who does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear. 2) The Plaintiff’s assertion is correct.