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 6, 2014, 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 recognition to the Defendant on April 15, 2014.
B. On December 2, 2014, 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. As to this, the Plaintiff filed an objection with the Minister of Justice on December 12, 2014, but was dismissed on September 24, 2015.
[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. On January 25, 2011, the Plaintiff asserted that he participated in various demonstrations that demanded the withdrawal of the President B from Karo to B, as well as the participation in the government’s demands for reform, and was demanded to attend the police in his own country for the same reason.
Currently, since the political situation of Egypt is very unstable that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.
B. (1) 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 in the Republic of Korea who are unable to be protected by the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body or freedom.