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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 December 29, 2015, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea with the visa of the Tourism Department (B-2) and applied for refugee status to the Defendant on January 25, 2016.
B. On January 29, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. On February 19, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on June 30, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion caused the death of a person in his own country due to a traffic accident, and thereby, the plaintiff left Korea from his own country upon threats from his family members. The disposition of this case which did not recognize the plaintiff as a refugee is unlawful.
B. In order to be recognized as a refugee, in addition to the requirement that an applicant for refugee status has a well-founded fear of persecution in his/her country, the relevant gambling should be conducted on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The plaintiff applied for refugee recognition on the ground that "the plaintiff is threatened with the family members of the victim of the traffic accident." However, even if all of the plaintiff's arguments are recognized, it is merely a private retaliation and it appears to be a matter to be resolved through its judicial system. There is no assertion or proof as to the fact that such a threat is caused by "a race, religion, nationality, status as a member of a specific social group or a political opinion" of the plaintiff.