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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) entered the Republic of Korea on March 15, 2017 with a visa (B-2) and applied for refugee status to the Defendant on April 5, 2017.
B. On April 24, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it cannot be recognized that “ sufficiently based fears that it would be detrimental to persecution” 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. On May 25, 2017, the Plaintiff appealed to the Minister of Justice on May 25, 2017, but was dismissed on December 7, 2017.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the plaintiff's assertion is that the plaintiff bears a large amount of debt to the creditors in Egypt, so it is likely that the plaintiff will be subject to criminal punishment when returning home due to Egypt.
In the event that the Plaintiff returned to Egypt, the instant disposition that the Plaintiff did not recognize as a refugee despite the risk of persecution for the said reason is unlawful.
B. 1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 18 of the Refugee Convention, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, 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 of being recognized that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is a state of nationality and who does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear. 2) The Plaintiff’s assertion is correct.