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(영문) 인천지방법원 2018.11.29 2018구합2142

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 – Entry into the Republic of Korea: Kazaktan - Entry: January 10, 2017 (Status B-1) - Application for recognition of refugee status: Application on July 12, 2017

B. Defendant’s decision on the recognition of refugee status as of July 31, 2017 (hereinafter “instant disposition”): The ground for recognition does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 200Du1468, Jul. 31, 201)

2. Whether the disposition is lawful;

A. Inasmuch as the Plaintiff’s assertion was threatened with the Plaintiff’s failure to repay the money borrowed from the obligee, it is sufficiently likely that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to Kazaktan, which constitutes a underlying fear.

Therefore, the instant disposition is unlawful.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.

(See Supreme Court Decision 2012Du14378 Decided April 25, 2013). The following circumstances, i.e., race, religion, nationality, and specific nature of the requirement for recognition of refugee status, which are acknowledged as having neglected the overall purport of the pleadings in the statement of evidence No. 4 as follows.