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 February 28, 2015, the Plaintiff entered the Republic of Korea as an alien of the nationality of the Republic of Egypt (hereinafter “Egypt”) and applied for refugee recognition to the Defendant on March 26, 2015.
B. On April 21, 2015, the Defendant issued a disposition to recognize 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. The Plaintiff appealed and filed an objection with the Minister of Justice on May 27, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on September 9, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s summary of the Plaintiff’s assertion was arrested twice from the police on May 5, 2014 and February 22, 2015 on the ground that the Plaintiff’s third village is a member of the Muslim group.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful even though the Plaintiff’s return to Egypt is likely to suffer from gambling.
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, foreigners who, owing to a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, do not want to be protected by the country of nationality, or a state of nationality who, owing to such fear, was unable to return to or does not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is life and body.