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 14, 2015, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea as a tourist transit (B-2) and applied for refugee status to the Defendant on December 21, 2015.
B. On January 26, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On February 15, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 9, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is that the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, on the grounds that the Plaintiff attempted to marry at the end of a long-term teaching system with the female-child relationship, but the female-child relationship was committed due to the opposition of the female-child relationship. The father of the female-child relationship reported the Plaintiff on the ground that the Plaintiff died of the female-child relationship, and that the female-child relationship threatens the Plaintiff to murder.
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 in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by 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 a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”