난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 13, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) foreigner on April 13, 2017, and applied for recognition of refugee status (hereinafter “instant application”) to the Defendant on August 3, 2017.
B. On May 16, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on June 21, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.
【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 3, Eul evidence 1 through 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff moved to Russia around 2004, and acquired Russia nationality around 2007.
The plaintiff operated a restaurant in Russia, and the defective actors claimed the restaurant to find the restaurant and request it to be paid in the restaurant, and detained the plaintiff.
Therefore, even if the Plaintiff’s return to Russia is likely to pose a threat to his/her life or physical freedom, the Defendant’s disposition that rejected the Plaintiff’s application for recognition of refugee status should be revoked as it 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 Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” means a foreigner who is unable or does not want to be protected in his country of nationality due to well-founded fear to recognize that he is likely to be detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion.