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 March 10, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Russia Federation (hereinafter “ Russia”), and applied for recognition of refugee status to the Defendant on November 7, 2016 (hereinafter “instant application”).
B. On April 12, 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 May 9, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.
【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 had moved to Russia around 2010, and acquired Russia nationality around 201.
The plaintiff operated a restaurant in Russia, and the inferiors, including Slinhd, found the restaurant and demanded the commercial pay, and the restaurant was unborn.
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 Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” does not want to be protected or unable to be protected by the country of nationality due to well-founded fear to recognize that a person may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.