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, as a man of Egypt nationality, arrived at the Incheon National Port on December 24, 2015.

B. On January 5, 2016, the Plaintiff filed an application for refugee status on the ground that “the Plaintiff works in a hotel, possesses confidential documents, and the police attempted to die by finding the Plaintiff.”

C. On January 11, 2016, the Defendant rendered a decision not to return refugee status screening (hereinafter “instant disposition”) to the Plaintiff on the ground that the application falls under cases where the application for refugee status is clearly groundless pursuant to Article 5(1)7 of the Enforcement Decree of the Refugee Act.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 4, 8, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The decision of non-return of refugee status screening under each subparagraph of Article 5(1) of the Enforcement Decree of the Refugee Act by the Plaintiff’s assertion is exceptionally possible and substantive reasons are impossible only based on formal and substantive reasons.

In addition, the plaintiff did not have committed an act of concealing facts by making a false statement when applying for refugee status, and it does not constitute cases where the plaintiff's application for refugee status is not clearly justified.

Nevertheless, the defendant's disposition of this case against the plaintiff is illegal.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Article 6 of the Refugee Act provides for the procedure on the premise that a foreigner may apply for refugee status when he/she undergoes an entry inspection at the port of entry and departure, and Article 6 of the Refugee Act provides that the Minister of Justice may decide whether to refer to the refugee status examination.

Accordingly, Article 5 (1) of the Enforcement Decree of the Refugee Act does not refer a person to refugee status screening in any of the following cases, while Article 5 (7) of the Enforcement Decree of the Refugee Act recognizes refugee status solely on other economic reasons.