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 June 28, 2016, the Plaintiff filed an application with the Defendant for recognition of refugee status as a foreigner of the nationality of the Russian Federation (hereinafter “Russia”).
B. On February 28, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a sufficient well-founded fear that the Plaintiff would be injured by gambling.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on March 20, 2017, but the Minister of Justice dismissed the objection on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff had been forced to repay his/her debt from the person who received instructions from the said company from the end of 2015 to the beginning of 2016 due to the Plaintiff’s failure to repay his/her debt to the bond-backed companies B from Russia, and was detained for three days.
If the plaintiff returned to Russia, he/she may be stuffed by the foregoing bond company for the same reason. Therefore, the plaintiff must be recognized as a refugee.
B. Article 2 subparag. 1 of the Refugee Act defines “Refugee” as “a foreigner who is unable to be protected or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or who is a stateless foreigner who, due to such fear, could not return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” However, in order to be recognized as a refugee pursuant to the above legal provision, the following grounds are met: (a) for the purpose of being recognized as a refugee, the gambling claimed by the refugee applicant on the grounds of “human race, religion, nationality, status as a member of a specific social group, or political opinion.”