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 April 17, 2017, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on April 17, 2017, and applied for refugee status to the Defendant on May 8, 2017.
B. On June 22, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on July 21, 2017, but the said objection was dismissed on the same ground as December 7, 2017.
[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was recommended to join B from the members of the B organization, but rejected it and reported to the police, and thereby, was threatened with murder from the members B.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1) The term “refugee” means any act causing serious infringement of, or discrimination against, inherent human dignity, including threats to life, religion, nationality, status as a member of a particular social group, or political opinion, of a foreigner who is unable or does not want to be protected by the country of his/her nationality due to well-founded fear that he/she is likely to be detrimental to the protection of the country of his/her nationality (Article 2 Subparag. 1) or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1). 2).