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 March 21, 2017, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on March 21, 2017, and applied for refugee status to the Defendant on April 7, 2017.
B. On April 27, 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. On May 10, 2017, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on June 12, 2018.
[Reasons for Recognition] Facts without dispute, Gap 4, 5 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff, the Egypt attorney, was arrested by the senior mother’s head, a member of the B organization, and met with the senior mother’s head, and on this ground, the police continued to change the Plaintiff’s organization B, thereby threatening the Plaintiff to regard the Plaintiff as a member of the B organization and arrest him.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for the recognition of refugee status, is life and body.