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(영문) 인천지방법원 2019.04.04 2019구합327
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 Uzbekistan - Entry on February 25, 2017 (Status B2) - Application for recognition of refugee: Application on May 4, 2017

B. Defendant’s decision to recognize refugee status as of October 31, 2017 (hereinafter “instant disposition”): The ground 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 201Da1548, Oct. 31, 2017)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was threatened by the Terrorism (B) to create Islamic countries and to provide the U.S. with money to purchase weapons to purchase terrorism.

In the event that the plaintiff is to return to Uzbekistan, there is sufficient risk of threat to life, which 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, 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 or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to the country in which they were living in the Republic of Korea before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country in which they were living in the Republic of Korea, shall be recognized as a refugee, and gambling satisfying the requirements for recognition of a refugee refers to any 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 shall prove that there is a well-founded fear

(see Supreme Court Decision 2012Du14378, Apr. 25, 2013). A pleading is made in the statement of evidence No. 4.

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