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(영문) 광주지방법원 2019.11.27 2019구단1497
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 March 2, 2018, the Plaintiff entered the Republic of Korea with the nationality of the Russian Feder (hereinafter “Russian”), and applied for refugee status to the Defendant on April 2, 2018, as the visa exemption (B-1) status.

B. On October 12, 2018, the Defendant rendered a decision not to recognize 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 sufficiently-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) 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 November 5, 2018, but the Minister of Justice dismissed the objection on July 30, 2019.

[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’s family members’ assertion spathm refathm, and the Plaintiff’s family members were threatened by the threat of violence from the persons of Shathm organizations as they were refathed to the Shathm around 2013. For such reason, if the Plaintiff returned to Rath, there is a risk of continuing threat from them.

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, etc. However, a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured by reasons of race, religion, nationality, status as a member of a particular social group or political opinion or political opinion, or due to such fear, prior to entry into the Republic of Korea.

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