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 23, 2016, the Plaintiff applied for refugee status to the Defendant.
On July 4, 2016, 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”). / [Grounds for recognition] without dispute, Gap’s evidence No. 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the disposition of this case is unlawful, since the Plaintiff’s sexual intercourse is likely to be threatened to his/her family by committing rape with his/her female.
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 the 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 should 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 a race, religion, nationality, status as a member of a specific social group or political opinion.