난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 26, 2015, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality and applied for refugee status to the Defendant on February 19, 2016, after entering the Republic of Korea as a visa exemption (B-1) status.
On April 15, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
The Plaintiff received a notice of decision on non-recognition of refugee status on April 22, 2016 and raised an objection to the Minister of Justice on May 20, 2016, but was dismissed on the same ground as of December 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The main point of the Plaintiff’s assertion is that the Plaintiff used knife and used violence from neighbors on the ground that sliff is a slife, and that she used two times or more.
In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, do not want to be protected by the country of nationality, or a state of nationality who, owing to such fear, was unable to return to or does not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is life, body or life.