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(영문) 인천지방법원 2019.07.25 2019구합1443

난민불인정처분취소

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 status - Entry into China: June 6, 2017 (Status C3): - The filing date of application for recognition of refugee status: June 8, 2017.

Defendant’s decision to recognize refugee status as of August 11, 2017 (hereinafter “instant disposition”): Grounds for not falling under “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol” (based on recognition)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was trained from around 2010, and as a result, the Plaintiff was imprisoned from the official draft of China to be arrested and detained several times. As such, the Plaintiff’s assertion is sufficiently likely to be persecution in the event that the Plaintiff returned to China, and constitutes a reasonable promulgation.

Therefore, the instant disposition is unlawful.

B. Determination 1) “Refugee” means a foreigner who is unable to receive, or does not want to receive, the protection of his/her country due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion (Article 2 subparag. 1 of the Refugee Act). “persecution” which is a requirement for recognition of refugee status refers to “an act causing serious infringement of, or discrimination against, the essential human dignity, including threats to life, body, or freedom,” and such fear constitutes a foreigner who applies for recognition of refugee status (see, e.g., Supreme Court Decision 201Du14378, Apr. 25, 2013).