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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee – Entry of Russia - Entry into the Republic of Korea on April 6, 2017 (Status B-1): Application for recognition of refugee status: June 9, 2017
B. Defendant’s decision on the recognition of refugee status as of September 6, 2017 (hereinafter “instant disposition”): - Grounds for not falling under the well-founded fear that a person would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (based on recognition) 1 and the purport of the entire pleadings (based on recognition)
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion and the Plaintiff’s husband were forced by Russia from Russia her husband to open to the Russia her husband. As such, the Plaintiff’s assertion and the Plaintiff’s husband may be forced to go back to Russia, there is sufficient possibility that the Plaintiff might suffer persecution when returning to Russia, and
Therefore, the instant disposition 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 Refugee Convention, Article 1 of the Refugee Protocol, 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, owing to such fear, are unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who does not want to return to the country of nationality, should be recognized as a refugee. The requirement for recognition of a refugee refers to acts causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body, or freedom. A foreigner who files an application for recognition of a refugee shall prove that there is a well-founded fear of persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).