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(영문) 대구지방법원 2019.01.11 2018구단2075
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 January 18, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality as a visa exemption (B-1) on January 18, 2016, and left Korea on March 14, 2016, and entered the Republic of Korea again as a visa exemption (B-1) on July 8, 2016, and applied for refugee status to the Defendant on April 11, 2017.

B. On December 19, 2017, 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 Convention”) 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 December 19, 2017, but the said objection was dismissed on September 3, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2 (including Gazy number), Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a person who operates a business related to motor vehicle parts from the Republic of Raya, as a person who is from the Republic of Raya.

On 1998, the plaintiff was changed into Islamic school along with Magu around 1998, and on 2005, Ma-dong, one of whom was the next accident of the plaintiff's family.

On November 2015, five people found the Plaintiff’s automobile parts and demanded money on the ground that the Plaintiff was slick. The Plaintiff refused it, and the Plaintiff used the word “Cak”, which is an expression blicking the nation in favor of the Republic of Korea, and made a intimidation call.

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, race, religion, nationality.

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