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(영문) 부산지방법원 2019.01.23 2018구단21679
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. (1) On March 23, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status on September 13, 2017, the Plaintiff filed an application for refugee status with the Defendant on September 13, 2017. As to this, on September 14, 2017, the Defendant rendered a disposition not to grant 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. On September 21, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on June 12, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff's business failure was not repaid and the plaintiff's family members were not able to live in the Republic of Korea due to the threat of two years by the plaintiff and the plaintiff's family members. If the plaintiff and the plaintiff's family members return to Russia, the plaintiff's application for refugee status is clearly made because it would cause harm to the plaintiff's life and body. 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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