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(영문) 인천지방법원 2018.11.22 2018구합1439

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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee – Entry into the Republic of Korea: Kazaktan - Entry: June 21, 2017 (Status B-1) - Application for recognition of refugee status: Application on July 17, 2017

B. Defendant’s decision on the recognition of refugee status as of August 11, 2017 (hereinafter “instant disposition”): Grounds for not falling under the well-founded fear that he/she would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”): The purport of the entry in the evidence Nos. 1 through 4 and the whole pleadings (based on recognition)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was subject to discrimination against and extinction of Kazakhistan nationalism on the ground that Kazakhistan from Kazakhistan to Kazakhistan, and the police was threatened with personal threat by covering the Plaintiff’s Kazakhist, and thus, the Plaintiff’s assertion is sufficiently likely to be affected in the event that Kazakhistan returns to the Plaintiff, and constitutes a reasonable fear.

Therefore, the instant disposition is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or who, owing to such fear, are unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who does not want to return to the country of nationality, or who does not want to return to the country of nationality, should be recognized as a refugee. The requirement for recognition of a refugee refers to an act causing serious infringement of, or discrimination against, fundamental human dignity, including threats to life, body, or freedom. A foreigner applying for recognition of a refugee must prove that there is a well-founded fear of such persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).