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(영문) 서울행정법원 2019.06.27 2019구단3639

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 5, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality with the status of stay for visa exemption (B-1) from September 5, 2016.

B. On November 21, 2016, the Plaintiff applied for recognition of refugee status to the Defendant. However, on November 2, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on December 1, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made from the Republic of Korea to Russia in around 2006 and acquired Russia’s nationality. From around 2008, the Plaintiff was threatened with assaulting from Russia or leaving Russia on the ground that Russia was continuously originating from Russia.

On December 2015, the Plaintiff had been employed as an employee at a food store, but five slin Hed was inside the store, and there was a case where 5 slin slin slin slin slin slin display and assaulting the Plaintiff.

In addition, in Russia, the plaintiff was subject to discrimination against the plaintiff on the ground that his race is different.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.