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 November 25, 2017, 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 29, 2017 (hereinafter “instant application”).
B. On May 21, 2019, 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 June 5, 2019, but the Minister of Justice dismissed the objection on December 23, 2019.
【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 3, and Eul evidence 1 through 3, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff moved to Russia from the Republic of Korea to Russia, and acquired Russia nationality around 2006.
From around 2012, the Plaintiff operated a shop in Russia with food and clothing sold, and the defective players found the shop and got money and demanded the sexual relationship.
The plaintiff was hospitalized in a hospital due to the above threat of bad faith, and the health of the plaintiff is not good until now.
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, “refugee” refers to race, religion, nationality, the status of a member of a particular social group or political opinion.