1. The plaintiff's claim is dismissed.

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

Details of the disposition

On January 5, 2015, the Plaintiff entered the Republic of Korea with the tourism conference (B-2) status on January 5, 2015, and applied for refugee status to the Defendant on May 27, 2016.

On July 6, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on August 3, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

【Ground of recognition】 The plaintiff filed an application for refugee status due to the political problem of Egypt, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the entire pleadings, and the purport of the disposition of this case.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of subparagraph 1 of Article 2 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who does not want to be protected of the country of nationality, or who, due to such fear, are unable to return to the country of residence in the Republic of Korea before entering the Republic of Korea, or who does not want to return to the country of nationality, and a Stateless foreigner must be recognized as a refugee. “persecution” which is the requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner who files an application for recognition of a refugee must prove that there is a “comfortable-founded fear.”