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(영문) 서울행정법원 2018.08.09 2018구단9326
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 August 11, 2016, as foreigners of the nationality of the Russian Feder (hereinafter “Russian”) of the Russian Federation (hereinafter “Russian”), with the status of stay B-1 (Visa exemption).

B. On May 10, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on May 22, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by 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”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On June 26, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion, around 2013, borrowed USD 200,00 from the bond business operator with the Plaintiff’s partner, and as the bond business operator failed to repay the loan, he/she found the Plaintiff’s work in the market and threatened the Plaintiff, and around April 5, 2015, threatened the Plaintiff with a threat, such as finding the Plaintiff’s work at the Plaintiff’s home and threatening him/her to pay his/her total amount of money.

In the event that the plaintiff returns to Russia, he/she is likely to be threatened with the bond company's life or physical freedom.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a certain social group of refugees is gambling on the ground of race, religion, nationality, status or political opinion.

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