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. On October 20, 2014, the Plaintiff filed an application for refugee status with a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”).
B. On October 4, 2016, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on October 7, 2016, but the Minister of Justice dismissed the objection on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that C, who was supported by B from Egypt, was dismissed on July 2013 by the President of C, who was supported by D on June 30, 2014, and after D assumed office as the President Egypt on June 30, 2014, the Plaintiff participated in the anti-government demonstration held in Egypt in Egypt in Egypt, for three times on July 30, 2014, and participated in the demonstration held in Egypt in Egypt, thereby opposing the D President as well as the military. Thus, if the Plaintiff returned to Egypt, it is evident that D’s support from Egypt government and participated in the anti-government demonstration.
The plaintiff shall be recognized as a refugee.
B. Determination 1) The term “persecution” that is a requirement for recognition of refugee status refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.” A foreigner applying for recognition of refugee status ought to prove that there is “a decent fear,” which is subject to such persecution (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In light of the special circumstances of refugee status, objective evidence should be given to the relevant foreigner.