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(영문) 부산지방법원 2019.02.20 2018구단2357
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 February 14, 2015, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status on September 29, 2016, the Plaintiff applied for refugee status. (2) On February 13, 2018, 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. 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 September 14, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made by the Plaintiff, around 2010, since the Plaintiff moved to Russtan and Uzbekistan as a national dispute, and at Russia together with the mother, the Plaintiff paid money to have his mother transported together with his/her mother, while he/she was in an accident with the goods at Russia.

Accordingly, the plaintiff filed an application for recognition of refugee with the Republic of Korea that caused the above threat, and the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” means 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, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of refugee status includes threats to life, body or freedom.

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