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(영문) 광주지방법원 2020.01.08 2019구단10484
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 13, 2017, the Plaintiff entered the Republic of Korea as a national of the Russian Feder (hereinafter “Russian”), and applied for refugee status to the Defendant on August 16, 2017, with the visa exemption (B-1) status.

B. On February 19, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as prescribed by 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 March 8, 2018, but the Minister of Justice dismissed the objection on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was discriminated against Russia on the ground that he was the Macccccck ethnic, and was threatened by assaulting from Russia’s human discriminationists.

For this reason, if the plaintiff returns to Russia, it is likely to be threatened continuously.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, and is 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 the status, treatment, etc. of refugees may be harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion, or a country that has resided in Korea prior to entry into Korea due to such fear.

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