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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 national of the Republic of Egypt, entered the Republic of Korea as a non-Visa (B-2) on January 4, 2013, and applied for refugee status to the Defendant on October 12, 2015.
B. On October 23, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).
C. The Plaintiff appealed and filed an objection with the Minister of Justice on November 11, 2015, but was rendered a decision dismissing the Plaintiff’s application on June 30, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff’s assertion was engaged in driving of a truck in a nationality state, and was involved in a traffic accident on November 2012, 2012, and the victim’s family members of the traffic accident threatened the Plaintiff to die while taking the Plaintiff’s face and drinking.
As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under a state of nationality for reasons of falling under a special social status in the country of nationality.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. (1) Determination;