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(영문) 부산지방법원 2019.02.20 2018구단2142
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. (1) On July 9, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status on September 7, 2016, and applied for refugee status to the Defendant. On February 5, 2018, the Defendant rendered a disposition to deny refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have a well-founded fear that the Plaintiff would suffer from 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.

B. The Plaintiff filed an objection against the instant disposition with the Minister of Justice on March 8, 2018, but the Minister of Justice dismissed the said objection on October 22, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The plaintiff's assertion is the state of nationality of Russia, but it is Islamic believers from the State of Lussia.

However, Russia has a religious discrimination against Islamic believerss, and there is a discrimination against Musstan People.

The plaintiff entered the Republic of Korea to avoid such religious discrimination and applied for refugee status. The disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

B. 1) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or a stateless foreigner who, due to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.

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