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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 entered the Republic of Korea as a foreigner of the nationality of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Egyp Republic of Egypt (hereinafter “Egypt”) on February 15, 2017.
B. On March 14, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 23, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a concern for persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).
C. On April 7, 2017, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on July 18, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, 5 and 6, and the purport of the whole pleadings
2. The assertion and judgment
A. On February 1, 2017, the Plaintiff asserted that the Plaintiff caused the death of a female son who was traveling on an expressway while driving on the road without permission.
The plaintiff was arrested and prosecuted by the police in the above case, and the court was pronounced not guilty.
However, the plaintiff is still threatened with murder by the father of a female child who died later.
If the plaintiff return to Egypt, he/she is still likely to be threatened with life or physical freedom from his/her father.
Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.
B. Article 2 Subparag. 1 of the Refugee Act provides that a refugee shall be categorized as “a refugee.”