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 Korea on January 31, 2018, as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) (hereinafter “Egypt”).
B. On March 13, 2018, the Plaintiff applied for refugee status to the Defendant. However, on October 1, 2019, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion was not an “effort” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee’s emotional sentiments.
(c)
On December 2, 2019, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the objection on August 20, 2020.
【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence of Nos. 1 through 3, Eul evidence of Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was made by the Lee Egypt's participation in the presidential demonstration at Egypt, and at the time of Egypt police officers at the time there was a threat to being arrested, and even if the plaintiff is not a member of Egypt's organization B, the government of Egypt is misunderstanding the plaintiff as a B's organization, and thus, the plaintiff's return to Egypt is likely to cause
Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.
B. 1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the previous Civil Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, “dists” can be said to be detrimental on the ground of race, religion, nationality, status as a member of a specific social group or political opinion.
A foreigner who, owing to well-founded fears, is unable to be protected or does not want to be protected from a State of nationality, or who, by such fear, enters the Republic of Korea.