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(영문) 광주지방법원 2019.06.20 2018구단2097
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On April 15, 2017, the Plaintiff, a foreigner of the nationality of the Russia Federation (hereinafter referred to as “ Russia”), entered the Republic of Korea as a sojourn status for visa exemption (B-1 and 60 days of sojourn) and applied for refugee status to the Defendant on June 14, 2017.

B. On February 8, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On February 27, 2018, the Plaintiff filed an objection with the Minister of Justice on February 27, 2018, but was dismissed on September 14, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that: (a) around March 2015, the Plaintiff leased a commercial building with a friendship and began funeral services; (b) and (c) the lessor borrowed 30,000 US dollars from the lessor; and (d) the lessor was unable to repay the said money with the maturity date; and (c) the lessor entrusted the collection of the said money to the person who was the deceased for the public interest; (d) the public interest order custodian demanded an additional amount of USD 20,000 as compensation for delay; and (e) there was a threat that the Plaintiff would murder the Plaintiff without paying the said money on the basis of the compensation for delay; and (e) the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 2 and 3 and the purport of the entire pleadings, the members of a specific social group, namely, race, religion, nationality, and social group, even if all evidence and arguments submitted by the Plaintiff were to be considered.

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