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(영문) 서울행정법원 2020.09.10 2020구단10060
난민불인정결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, a foreigner of Russian nationality, entered the Republic of Korea on October 29, 2017, with the status of stay for visa exemption (B-1).

B. On December 14, 2017, the Plaintiff applied for recognition of refugee status to the Defendant. However, on May 10, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 5 (including a parcel number application), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff operated a place where male uniforms were sold in its home country, and the Russian staff forced the Plaintiff to pay money on the ground that the Plaintiff is not a Russia but a Russcve national.

They assaulted the plaintiff on October 15, 2017, and caused the plaintiff to go to the plaintiff, and got off the articles in his country.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. 1) “Refugee” means 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 may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act, which provides the requirement for recognition of refugee status, includes threats to life, body, or freedom, and is critical to the inherent dignity of human beings.

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