1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On May 21, 2015, the Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea as a tourism and Tong (B-2) sojourn status on May 21, 2015, and stayed, and applied for refugee status to the Defendant on June 23, 2015.

B. On October 30, 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 requirement of refugee 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 17, 2015, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 10, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s homicide, who is a member of the Muslim group supporting the Plaintiff’s assertion B, was killed from those supporting C, and then filed a criminal lawsuit against the homicide, and the homicide, who is a power holder selling weapons and narcotics, also threatened himself/herself.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of his/her nationality due to well-founded fear of being recognized that he/she may be subject to persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who is unable or does not want to return to a country in which he/she had resided before entering the Republic of Korea due to such fear.