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 December 4, 2016, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea as the status of stay for tourism and Tong (B-2) on December 4, 2016, and applied for refugee status to the Defendant on December 30, 2016.
B. On June 16, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 27, 2017, but the objection was dismissed on December 7, 2017, and the Plaintiff received a notice of dismissal decision on December 26, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was operated by Egypt on the commercial part of the automobile parts, and the commercial part of the article was destroyed by the fact that it was impossible for the plaintiff to repay its debts to the creditor, and the obligee was threatened with the obligee, and it would be at the risk of being reduced to return to the obligee.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.
At this time, he is the foreigner.