난민불인정처분취소
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 August 4, 2016, the Plaintiff filed an application for refugee status with the Defendant on November 14, 2016, after entering the Republic of Korea with the status of stay for General visa entry (B2-1).
B. On March 21, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 Relating to the Status of Refugees.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1-4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On August 2015, the Plaintiff’s assertion that the Plaintiff’s birth was murdered around August 2015 and the victim’s family members threatened the Plaintiff to murder as a retaliation, thereby leaving the Egypt.
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. 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.
(Article 2 subparag. 1 of the Refugee Act). Comprehensively taking into account all the evidence and arguments presented by the Plaintiff, the following circumstances are sufficient grounds for persecutioning the Plaintiff on grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, even if all of the evidence and arguments presented by the Plaintiff were considered.