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(영문) 인천지방법원 2019.03.14 2018구합2227
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 - Nationality: Kazaktan - Entry: October 11, 2016 (Status B1): - Application for recognition of refugee status: Application on September 7, 2017

B. Defendant’s decision on the recognition of refugee status as of September 14, 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 200Da1548, Sept. 14, 201); the purport of the entire pleadings and arguments.

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff, after the divorce with the former wife, is judged or does not coincide with the former wife's family members, was demanded by the plaintiff to return the house that the former wife had resided before the divorce, and thus, the plaintiff's refusal was threatened with murder from the former wife's family members. Thus, the plaintiff's return to the former wife's country of nationality is likely to be affected by such persecution, and it 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 to be protected of the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality, and the requirement for recognition of refugee refers to any act causing serious infringement of, or discrimination against, fundamental human dignity, including threats to life, body, or freedom, and any foreigner applying for recognition of refugee shall prove that there is a well-founded fear of such persecution.

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