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(영문) 서울행정법원 2020.07.23 2020구단6542
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 August 5, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status to the Defendant on September 5, 2017.

B. On March 15, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears 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 “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on June 12, 2019, but the Minister of Justice dismissed the objection on December 23, 2019.

On January 23, 2020, the Plaintiff received the notice of dismissal of the above objection, and filed the instant lawsuit on April 7, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was assaulted by the Plaintiff on the grounds that he was same-sexs from the University of Korea in 2012 and 2015, and in 2017, the Plaintiff was assaulted on the same grounds as workplace rent.

If the plaintiff returns back to Russia, it is possible for the plaintiff to be recognized as a refugee.

B. 1) The term “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 particular social group, or political opinion, or a foreigner who is not able or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (see Article 2 subparag. 1. 2 of the Refugee Act). Meanwhile, if the sexual orientation or sexual identity of the same sex is disclosed externally, it violates the moral norm of the country of origin.

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