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 17, 2015, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea with the visa of the Tourism Department (B-2) and applied for refugee status to the Defendant on November 30, 2015.
B. On December 14, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. On January 21, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on May 31, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he participated in a demonstration supported B in his home country from July 3, 2013, and was arrested by the police on the grounds that he participated in the demonstration, and was subject to adviser, insult, and assault. The Plaintiff received false suspicion and was released from the country of his home country by paying the release on bail in the scheduled situation of the trial.
If the plaintiff returned to Egypt, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might be detrimental to his/her political opinion.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status is against life, body or freedom.