난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. During the process of the disposition, the following facts are: (a) there is no dispute over the grounds for recognizing the rejection of the decision made on October 27, 2015 on the date of the application for refugee status recognition (B-2) on June 19, 2014; and (b) the date of the application for refugee status recognition (hereinafter “instant disposition”) on September 24, 2015; (b) the date of the application for refugee status recognition (hereinafter “instant disposition”); (c) there is no ground for recognizing the rejection of the decision made on December 11, 2015; (d) there is no ground for recognizing the rejection of the decision made on October 27, 2016; (e) Gap’s evidence 1, 2, Eul’s evidence 1, 2, and 3; and (e) the purport of the entire pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he had a nationality of the United Nations Egypt (hereinafter “Egypt”) and operated the furniture store in Egypt.
Around April 15, 2014, three persons, who were self-sleep group, found the plaintiff's shop, forced the plaintiff to not deliver a household to Egypt and threatened the plaintiff to die without suspending the delivery.
이틀 후 위 무슬림 형제단 소속 사람들 중 2명이 다시 찾아와 원고가 납품을 중단하지 않았다는 이유로 총을 쐈고, 그로인해 원고의 가게에서 일하던 종업원 1명이 왼쪽다리에 부상을 입기도 하였다.
Since then, the plaintiff entered the affected Republic of Korea with the threat of the Muslim punishment group.
As such, if the Plaintiff returned to Egypt, he/she is likely to cause harm to his/her life and body from the Muslim punishment group, and thus, he/she should be recognized as a refugee.
B. Article 2 subparag. 1 of the Refugee Act provides that a person who, due to well-founded fear of recognizing 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, is unable or does not want to be protected from the country of nationality, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea.