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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 4, 2016, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) status as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on December 19, 2016.
B. On July 26, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) 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. As to this, the Plaintiff filed an objection with the Minister of Justice on August 16, 2017, but was dismissed on March 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On October 10, 2016, the Plaintiff’s summary of the Plaintiff’s assertion was subject to inspection by the police while boarding and traveling a bus within the Egypt. The Plaintiff was suspected of being B, and the Plaintiff was detained by the police for four days.
After that, while the plaintiff was prosecuted and stayed in Kuwait, a criminal trial was conducted while he was staying in Kuwait, and the plaintiff was sentenced to imprisonment with prison labor for three years.
Therefore, inasmuch as there exists a well-founded fear that if the Plaintiff returned to Korea with Egypt, the Plaintiff would be subject to gambling by the Egypt government, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.
B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality 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 foreigner who does not want to be protected, or due to such fear, before entering Korea.