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(영문) 대구지방법원 2018.05.30 2018구단468
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 April 5, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the Russia federal (hereinafter “ Russia”)’s nationality, as a visa exemption (B-1), and applied for refugee status to the Defendant on May 8, 2017.

B. On May 16, 2017, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) against 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 May 31, 2017, but the said objection was dismissed on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that from October 2013 to A, from around October 2014, the Plaintiff participated in a demonstration opposing the government policy in his/her home country on three occasions, and accordingly, was subject to the police investigation.

If the plaintiff returned to Russia, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful, despite the possibility that the plaintiff would be detrimental to his/her political opinion.

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 on the grounds 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 causes serious infringement or discrimination against the essential human dignity, including threats to life, body or freedom.

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