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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, as a foreigner of Egypt nationality, entered the Republic of Korea with a visa visa (B-2) on October 27, 2015, and applied for refugee status to the Defendant on November 9, 2015.
B. On December 28, 2015, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against 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 Relating to the Status of Refugees.
C. On January 7, 2016, the Plaintiff filed an objection with the Minister of Justice on January 7, 2016, but the objection was dismissed on December 22, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion was that the Plaintiff was requested to join the Unslock Stream Group, and the Plaintiff refused this request, thereby threatening the Plaintiff to die.
In the event that the plaintiff returns to his own country, it is highly likely that he will be stuffed by the Muslim type.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and thus, a foreigner applying for recognition of refugee status is “a decent fear” subject to such persecution.