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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, a Egypt nationality, entered Korea on January 6, 2016, and applied for refugee status to the Defendant on February 15, 2016.
B. On February 18, 2016, 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 on the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on March 4, 2016, but the said objection was dismissed on September 9, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a threat of murder from the Muslim punishment group after withdrawing from the Muslim punishment group.
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) The term “refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is not able to return to, or does not want to return to, the country of his/her domicile before entering the Republic of Korea due to such fear (Article 2 subparag. 1). 2 of the Refugee Act), which is a requirement for refugee recognition, refers to “an act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” Thus, there is a “comfortable fear” subject to such persecution.