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, as a foreigner of Egypt nationality, entered the Republic of Korea on March 29, 2015 without the visa (B-2) and applied for refugee status to the Defendant on May 11, 2015.
B. On October 26, 2015, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On April 18, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on October 27, 2016.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is that the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, since the Plaintiff was threatened by the family member of a woman-friendly group, who has been satisfed for a long time.
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, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee status must prove that there is “confisently-founded fear” subject to such persecution, and the whole purport of arguments and arguments as follows.