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(영문) 대구지방법원 2019.01.25 2018구단2013
난민불인정처분취소
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 November 17, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, as a visa exemption (B-1). On January 22, 2018, the Plaintiff applied for refugee status to the Defendant.

B. On February 23, 2018, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on April 6, 2018, but the said objection was dismissed on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the Plaintiff’s origin from the Republic of Russia.

The plaintiff was threatened by the police in his own country on the ground that he was Muslim in his own country, and was arrested during the Roman period and detained under the ground for approximately two days.

In the event that the Plaintiff returned to Russia, the instant disposition that the Plaintiff did not recognize as a refugee despite the risk of persecution for religious reasons 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 Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is an essential human dignity, including threats to life, body or freedom.

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