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(영문) 인천지방법원 2018.10.25 2018구합2012
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 of Russia - Entry into the Republic of Korea on September 12, 2017 (Status B-1): Application for recognition of refugee status: November 30, 2017;

B. Defendant’s decision on the recognition of refugee status as of December 13, 2017 (hereinafter “instant disposition”): Grounds for not falling under the well-founded fear that a person would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”): The entry in the evidence Nos. 1 through 4 and the purport of the whole pleadings (based on recognition)

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff purchased a building from Russia from Russia, along with his father, and operated a garment shop. Since Russia nationalism finds a shop and a person other than Russia cannot purchase a building and allow him to do so, a personal threat, such as assaulting the plaintiff and his father, there is sufficient risk that the plaintiff would be booming if Russia returned to Russia, and this constitutes a well-founded 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 a 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. The requirement for recognition of refugee refers to any act causing serious infringement of, or discrimination against, inherent human dignity, including threats to life, body or freedom. Accordingly, a foreigner who files an application for recognition of refugee shall be subject to sufficient grounds for such persecution.

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