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(영문) 광주지방법원 2018.08.16 2018구단374

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 September 28, 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 30 days of sojourn) and applied for refugee status to the Defendant on November 22, 2016.

B. On July 14, 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 is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On July 26, 2017, the Plaintiff filed an objection with the Minister of Justice on July 26, 2017, but was dismissed on December 7, 2017.

【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 not only threatened with stoves such as stoves, and also threatened with the plaintiff's house, violence, and knife with knife, so the plaintiff's return to stoves is sufficiently likely to be imprisoned if he returns to stoves, and the disposition of this case which did not recognize it on different premise is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff did not submit specific evidence or data that he/she threatened and abused.