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 November 29, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on January 3, 2018.
B. On September 2, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees” (hereinafter “instant disposition”).
The Plaintiff filed an objection with the Minister of Justice on October 10, 2019, but the Minister of Justice dismissed the objection on June 19, 2020.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Plaintiff’s birth led to the Plaintiff’s real name by totaling neighbors, and the neighbor’s punishment system assaults the Plaintiff and caused the Plaintiff to become the Plaintiff.
If the plaintiff returned to Egypt, it is threatened by them, so the plaintiff should be recognized as a refugee.
B. 1) Article 2 Subparag. 1 of the former Civil Act provides that “A person in distress” is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a specific social group or political opinion, or political opinion.
Inasmuch as well-founded fears sufficient to determine the person, a foreigner who is unable to, or does not want to, receive the protection of the country of nationality, or who, by such fear, is defined as “a foreigner without nationality who, prior to entry into the Republic of Korea, is unable or does not want to return to, the country of nationality
According to the above law, in order to be recognized as a refugee, gambling, which is the subject of fear to the applicant for refugee status, first of all, is a member of the race, religion, nationality, and specific social group of the applicant for refugee status.