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(영문) 서울행정법원 2020.05.28 2020구단4911

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. The Plaintiff entered the Republic of Korea on April 12, 2018, as a foreigner of the nationality of the Russian Feder (hereinafter “Russian”), with the status of stay for visa exemption (B-1).

B. On June 19, 2018, the Plaintiff filed an application with the Defendant for recognition of refugee status. On December 27, 2019, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “the well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was Russia to work as a taxi driver. On March 2018, the name-free persons forced the Plaintiff to repay the Plaintiff’s gambling debt instead of the Plaintiff’s cab passenger’s gambling debt, and by assaulting and threatening the Plaintiff to enter the Republic of Korea.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful even if there was a well-founded fear that the Plaintiff would be subject to persecution when she returned to her home country.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the Minister of Justice is unable to return to a foreigner who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable to be protected of the country of nationality or who does not want the protection of the country of nationality, or to a country in which he had resided before entering the Republic of