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(영문) 인천지방법원 2020.01.09 2019구합55969 (1)
난민불인정결정취소
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: Pakistan - Entry: June 9, 2010 (Status of Sojourn: E9) - Application for recognition of refugee status: Application on May 8, 2018;

B. Defendant’s decision on the recognition of refugee status as of June 5, 2018 (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” (see, e.g., Supreme Court Decision 200Da1548, Jun. 5, 2018)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made several intimidation on the grounds that the Plaintiff had been subject to intimidation from the members of the Islamic Islamic Educational Organization B, B, in around 2014.

In addition, on February 22, 2018, the Plaintiff was threatened with murder on the ground that the Plaintiff visited Pakistan on the same grounds as those belonging to Islamic Educational Organizations and reported it to the police.

Therefore, the instant disposition is unlawful, inasmuch as the Plaintiff’s return to Pakistan is sufficiently likely to pose a threat to life, and it constitutes a underlying fear.

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 on the grounds 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, cannot return to the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, or who, owing to such fear, did not want to return to the country of nationality, should be recognized as a refugee, and gambling which meets the requirements for recognition of a refugee causes serious infringement or discrimination on fundamental human dignity, including threats to life, body or liberty.

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