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 August 26, 2014 with the nationality of the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the Republic of Egypt (hereinafter “Egypt”), and applied for refugee recognition to the Defendant on September 1, 2014.
B. On October 16, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) 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 Relating to the Status of Refugees.
C. The Plaintiff appealed to the Minister of Justice on November 21, 2014, but the foregoing objection was dismissed on July 1, 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion took part in a demonstration that supported the former president’s return from Egypt Kaypta to Egyptian on April 2013 and was arrested and detained for about three months at the police.
The plaintiff was released from the police during the period of detention on the condition that he was unable to participate in the demonstration again.
After the time of the release of the plaintiff, the police found the plaintiff's house several times, and asked the plaintiff's family members to support B and participate in the demonstration, and the plaintiff was arrested again to Korea.
Therefore, in the event that the Plaintiff returned to Egypt, the instant disposition made on a different premise is unlawful, despite the possibility of persecution from the Egypt government, on the grounds that he participated in the demonstration that supported the return of the former president to Egypt.
나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.
1. The term "refugee" means race, religion, nationality, and nationality;