난민불인정결정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff, a foreigner of Russian nationality, entered the Republic of Korea on November 6, 2018, with the visa exemption (B-1) status.
B. On January 3, 2019, the Plaintiff filed an application for refugee status recognition with the Defendant (hereinafter “instant application”). On July 22, 2020, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of 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.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has been selling clothes in the Russia market. Since 2012, the race discriminations, who are Skindod, continued to demand money under the name of the Plaintiff, who is the nation of Uzbekistan, and made efforts to neglect or kill the Plaintiff without paying the money.
As the plaintiff refused the demand of the head of the group, the articles of the plaintiff's store were stolen around June 2018.
In this situation, the disposition of this case which the plaintiff did not recognize as a refugee despite the possibility that the plaintiff would be subject to gambling when he returns to his home country is illegal.
(b) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.
(Article 2 subparagraph 1 of the Refugee Act). Here, recognition of refugee status is recognized.