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. The Plaintiff entered the Republic of Korea on September 18, 2014 with the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”), and applied for refugee status to the Defendant on October 15, 2014, after entering the Republic of Korea with the tourism route (B-2) sojourn status on September 18, 2014.
B. On February 23, 2016, 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 February 26, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on June 30, 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 gist of the Plaintiff’s assertion is that the Plaintiff participated in the counter-government assembly in Egypt, and was engaged in counter-government activities through SNS, and the police has found the Plaintiff’s office.
Therefore, the instant disposition, which did not recognize the Plaintiff as a refugee even though the Plaintiff could be stuffed when the Plaintiff returned to Egypt, should be deemed unlawful.
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 persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided before entering the Republic of Korea, should be recognized as a refugee, and the requirements for recognition of refugee are satisfied.