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(영문) 서울행정법원 2019.06.26 2019구단6874

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 3, 2016, the Plaintiff entered the Republic of Korea as a national of the Russian Federation (Russian Feder (hereinafter “Russian”), and applied for refugee status to the Defendant on April 10, 2017.

B. On March 16, 2018, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on April 16, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was born in KIKOStan, and transferred to Russia in around 2006, and acquired Russia’s nationality.

The plaintiff was engaged in funeral services in Russia, and was subject to intimidation, i.e., taking money from SinsHd as a protection expense, and he was threatened.

As the Plaintiff did not move back, Skinh was the Plaintiff’s store, and the Plaintiff’s friendship and the knife died with knife in the course of skinal and sknife.

Therefore, if the plaintiff returns to Russia, it is inevitable to be exposed to threats from Rinsia, and the plaintiff is not entitled to protection from the country of nationality or does not want to be protected.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act is a refugee in accordance with the Refugee Convention and the Refugee Protocol.

참조조문