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(영문) 서울행정법원 2019.09.26 2019구단9965
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 May 22, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status to the Defendant on July 19, 2017.

B. On July 18, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on August 21, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 2 to 4, 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 entered Korea to work and applied for refugee status to extend the period of stay.

The plaintiff shall be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines “Refugees” as “foreigners who are unable to receive or do not want to receive the protection of their country of nationality due to well-founded fear to recognize that they may be detrimental on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who, due to such fear, cannot return to or does not want to return to the country in which they were living in the Republic of Korea before entering the Republic of Korea.” According to the above provision of the Act, in order to be recognized as a refugee, the applicant’s assertion by the applicant of the refugee must first go back to the applicant on the grounds of “human, religion, nationality, status as a member of a specific social group, or political opinion” of the applicant of the refugee. 2) In this case, the Plaintiff is legitimate in the Republic of Korea.

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