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(영문) 서울행정법원 2020.01.29 2019구단17270
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 March 13, 2019, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Russia Federation (hereinafter “ Russia”), and applied for recognition of refugee status to the Defendant on May 9, 2019 (hereinafter “instant application”).

B. On July 18, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently reasonable fear that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “Disposition in this case”). 【No dispute over the grounds for recognition”, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff moved to Russia around 2004, and acquired Russia nationality around 2008.

The plaintiff operated a restaurant in Russia, and the competitor requested the plaintiff to close the restaurant, and the competitor refused it, and the competitor employed bad-qualitys and demanded the plaintiff to return it to the restaurant, and assaulting the plaintiff and his family members.

Therefore, even if the Plaintiff’s return to Russia is likely to pose a threat to his/her life or physical freedom, the Defendant’s disposition that rejected the Plaintiff’s application for recognition of refugee status should be revoked as it 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 Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” is either 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 detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion.

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