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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 September 16, 2015, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on September 16, 2015, and applied for refugee status to the Defendant on September 16, 2015.
B. On October 26, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on November 30, 2015, but the said objection was dismissed on the same ground as October 27, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff participated in a demonstration that supports the Muslim group around August 2014, and was arrested. The Egypt Police suspected the Plaintiff as a member of Egypt.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act), or who is a stateless foreigner who does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1).