난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
(a) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee – Entry of Russia - Entry into the Republic of Korea on March 20, 2017 (Status B-1): Application for recognition of refugee status: July 20, 2017
B. Defendant’s decision on the recognition of refugee status as of August 21, 2017 (hereinafter “instant disposition”): A ground may not be recognized as having a sufficiently-founded fear that the Plaintiff would be subject to persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (based on recognition) (Article 1 of the Refugee Convention) and Article 1 of the Refugee Protocol
2. Whether the disposition is lawful;
A. The plaintiff's assertion is a threat to his/her body, such as assault and demand for monetary payment from violent actors during the operation of his/her factory in Russia. Therefore, the plaintiff's assertion is sufficiently likely to suffer persecution in the event that Russia returns to Russia, and constitutes a underlying fear.
Therefore, the instant disposition 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 Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or who, owing to such fear, are unable to return to the country of nationality, or who, owing to such fear, does not want to return to the country of nationality, which has resided in the Republic of Korea, or who does not want to return to the country of nationality, should be recognized as a refugee. The requirement for recognition of a refugee refers to an act causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body, or freedom, and a foreigner applying for recognition of a refugee shall prove that there is a well-founded fear of such persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).