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 2, 2017, the Plaintiff filed an application for refugee status with the Defendant on February 22, 2017, while entering the Republic of Korea as a tourism channel (B-2) status on February 2, 2017 and staying there.
B. On May 26, 2017, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.
C. On June 9, 2017, the Plaintiff filed an objection with the Minister of Justice on June 9, 2017, but rendered a final decision to dismiss the Plaintiff’s application on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The gist of the Plaintiff’s assertion was in dispute with a neighbor in relation to farmland boundary in his/her own country, but around December 2015, the Plaintiff appeared to have observed a site where the neighbor assaulted the Plaintiff’s father and went away from his/her neighbor, and the neighbor died at his/her heart.
A neighboring family member who thought that the cause of death was the Plaintiff is threatening to assault the Plaintiff.
Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.
B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The reason for the persecution alleged by the Plaintiff is that “the Plaintiff is threatened by the neighbor who has conflicted with the farmland boundary.”