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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. On August 9, 2016, the Plaintiff filed an application for refugee status with the Defendant as a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”).
B. On August 19, 2016, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a sufficient well-founded fear that the Plaintiff would be injured by gambling.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on October 5, 2016, but the Minister of Justice dismissed the objection on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, and Eul evidence 7 (including branch numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that, in 2015, the vehicle driven by the Plaintiff from Egypt in his/her name and caused the Plaintiff to die. If the Plaintiff returned to Egypt, the Plaintiff may be killed by his/her surviving family member of the traffic accident, and thus, the Plaintiff should be recognized as a refugee.
B. Article 2 Subparag. 1 of the Refugee Act defines “Refugee” as “a foreigner who is unable to be protected or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion” or “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.” According to the above legal provision, in order to be recognized as a refugee, the gambling claimed by the refugee applicant should be deemed as an gambling on the grounds of “human race, religion, nationality, status as a member of a specific social group, or political opinion” of the applicant.
However, there is a problem.