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(영문) 광주지방법원 2019.07.18 2019구단10064
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On September 13, 2017, the Plaintiff, a foreigner of the nationality of the Russia Federation (hereinafter referred to as “ Russia”), entered the Republic of Korea as a sojourn status for visa exemption (B-1 and 60 days of sojourn) and applied for refugee status to the Defendant on January 30, 2018.

B. On February 9, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On February 23, 2018, the Plaintiff filed an objection with the Minister of Justice on February 23, 2018, but was dismissed on September 14, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was discriminated against the Plaintiff by reason of religious discrimination, such as the Plaintiff’s non-slock at the time of residing in Russia, but the Plaintiff was discriminated against the Plaintiff on the ground that he was a foreigner in Egypt. However, there is sufficient concern that the Plaintiff would be subject to gambling in the event that Russia or Egypt returns to Korea, and this is a reasonable fear, but the instant disposition that did not recognize it on the other premise is unlawful

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 2 and 3 as well as the overall purport of the pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① In addition to the Plaintiff’s statement, it may prove the Plaintiff’s assertion.

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