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(영문) 서울행정법원 2019.08.21 2019구단7907
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 June 29, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Russian Federation (hereinafter “Russia”), and applied for refugee status recognition to the Defendant on August 30, 2017 (hereinafter “instant application”).

B. On August 10, 2018, 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 August 27, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 3, Eul evidence 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that: (a) the Plaintiff got money from Russia on January 5, 2017 and carried out a phishing game; and (b) the Plaintiff participated in the game but did not pay money to B.

Accordingly, between the plaintiff and B were fighting, and during that process, the plaintiff used violence against B.

After that, B had found the plaintiff together with his relative, and the plaintiff was hospitalized in the hospital for one month as the plaintiff was in the process of escape.

After that, B demanded the Plaintiff to pay money, and continued to threaten the Plaintiff.

Therefore, even if the Plaintiff’s return to Russia is likely to pose a threat to his/her life or physical freedom, the Defendant’s disposition that rejected the Plaintiff’s application for recognition of refugee status should be revoked as it 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 Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, “refugee” refers to race, religion, and religion.

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