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(영문) 서울행정법원 2019.04.04 2019구단2049
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 September 2, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Russian Federation (hereinafter “Russia”), and applied for refugee status to the Defendant on October 31, 2016, when entering the Republic of Korea as a visa exemption (B-1).

B. On October 26, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that, as to the Plaintiff, it cannot be recognized that “a sufficiently-founded fear of being injured” as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees stipulated as a refugee requirement.

(hereinafter “instant disposition”). C.

On November 29, 2017, the Plaintiff filed an objection with the Minister of Justice on November 29, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.

On November 5, 2018, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on January 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff moved to Russia on or around March 2015, and acquired Russia nationality on or around December 2015.

On August 2016, the Plaintiff received from Russia a demand from Russia to pay money on the ground that the Plaintiff is a foreigner, and the said behavior refused to do so, and subsequently, murdered the Plaintiff’s friendship, which is the Korean national of other countries like the Plaintiff.

If the plaintiff returned to Russia, he/she will be subject to gambling on the ground that he/she is the Republic of Korea from the above conduct, so the plaintiff should be recognized as a refugee.

B. Determination 1) In order for a refugee applicant to be recognized as a refugee, the applicant must prove that there was “contributable fear” on the grounds of “a person’s race, religion, nationality, status as a member of a specific social group, or political opinion” (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013).

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