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(영문) 인천지방법원 2018.11.16 2018구합412
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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Nationality: Russia - Entry into or departure from the Republic of Korea on May 2, 2016 (Status B-1), July 1, 2016, entry into the Republic of Korea on March 30, 2017 (Status B-1), departure from the Republic of Korea on December 5, 2017, entry into the Republic of Korea on January 16, 2018 (Status G-1) - Application for recognition of refugee status: Application on May 25, 2017

B. Defendant’s decision on the recognition of refugee status as of June 15, 2017 (hereinafter “instant disposition”): A ground may not be recognized that the Plaintiff has “a well-founded fear of persecution” stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. Plaintiff’s objection - Formal objection to the Minister of Justice on July 17, 2017 - the dismissal decision (based on recognition) on December 7, 2017 - the non-contentious facts, Gap’s 1, 2, Eul’s 1, 2, and 3 evidence, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is an lecves, born in the kistan, but was born in the Russtan, acquired Russian nationality, and living in the Russia, and was subject to assault and intimidation from the Sinsium during the course of his life in the Russia, which constitutes gambling by race, and is not subject to judicial protection because Sinsium is entrusted with the police, and thus, it is highly likely that the Plaintiff would be subject to gambling in a case where the Plaintiff returned to the country of nationality.

Therefore, the instant disposition is unlawful.

B. The term “refugee” refers to 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 stateless foreigner who, owing 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). "persecution", which is a requirement for recognition of refugee status, is an essential human nature, including threats to life, body or freedom.

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