난민불인정처분취소
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 November 3, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality as a visa exemption (B-1) on November 3, 2017, and left Korea on December 31, 2017. On February 28, 2018, the Plaintiff re-entered as a visa exemption (B-1) and applied for refugee recognition to the Defendant on March 30, 2018.
B. On June 8, 2018, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3 and 5, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made by the births, who were enrolled in Islamic members in the Republic of Korea, and were in Syria, around October 2016, the Plaintiff came to Korea in his own country, and the staff of the Russian Federal Security Bureau (FSB; hereinafter “Security Bureau”) called the Plaintiff’s ties to the Plaintiff’s friendlinesss, and made intimidation. The Plaintiff, in cooperation with the police or the employees of the Security Bureau, went to Korea in his own country, on the idea that he could write down a lusity and go to the prison, as if he were related to the terrorists.
If the Plaintiff returned to Russia for the foregoing reasons, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, despite the possibility of persecution.
B. In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality is not possible or the protection of the country of nationality is not sought due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.