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(영문) 광주지방법원 2019.06.20 2018구단2073

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On June 30, 2016, the Plaintiff, a foreigner of the nationality of the Russia Federation (hereinafter referred to as “ Russia”), entered the Republic of Korea as a sojourn status for visa exemption (B-1 and 60 days of sojourn) and applied for refugee status to the Defendant on December 5, 2016.

B. On December 12, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on January 2, 2018, but was dismissed on September 3, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff acquired the nationality of Russia on May 19, 2009, and thereafter he collected money from Russia on and around October 2014, and operated it, that he continued to pay a large amount of money without any justifiable reason by Russia around December 2015 while the plaintiff refused to pay a large amount of money to Russia on or around December 2015, the plaintiff's refusal to return to the Republic of Korea. Therefore, the disposition of this case which did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 2 and 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered.