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 June 15, 2016, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea with tourism and Tong (B-2) sojourn status and stayed, and applied for refugee status to the Defendant on July 8, 2016.
B. On April 17, 2018, 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 10, 2018, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on September 13, 2018.
【Reasons for Recognition】 Each entry in the evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was based on the price of the head of the plaintiff's wife who abused the plaintiff's wife in Egypt as a hypt, and thereby, the plaintiff's wife was threatened with murder from his surviving family members.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.
At this time, the term "lebage" to be received by the foreigner is a threat to life, body or freedom.