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(영문) 서울행정법원 2018.06.20 2018구단3656
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. The Plaintiff filed an application for recognition of refugee with the Defendant on August 17, 2016, as a foreigner of the nationality of the Russian Federation (hereinafter “Russia”).

B. On February 20, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on May 16, 2017, but the Minister of Justice dismissed the objection on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff operated a restaurant that sells Uzbekistan food in order to prepare the living expenses in Russia, operated the bus. When operating the restaurant, the plaintiff was demanded to pay the funds without any reason from violence. When operating the bus, the plaintiff was forced by the president of the bus company to operate the bus of the company that he operated in lieu of the bus.

If the plaintiff returned to Russia, it is clear that it will be stuffed by violence and the president of the bus company for the same reason.

The plaintiff shall be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines “Refugees” as “foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear to recognize that their status as members of a certain social group or political opinion, or who cannot return to or do not want to return to the country in which they had resided before entering the Republic of Korea due to such fear.”

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