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(영문) 인천지방법원 2018.11.22 2018구합1958
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: Egypt - Entry into the Republic of Korea on December 6, 2015 (Status B-2): Application for recognition of refugee status: July 24, 2017;

B. Defendant’s decision to recognize refugee status as of August 9, 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 purport of the written evidence Nos. 1 and 2 and the whole pleadings is as follows.

2. Whether the disposition is lawful;

A. The plaintiff alleged that he/she requested the plaintiff to leave the house owned by his/her father without permission. Since he/she was threatened with his/her personal threat, such as disregarding the plaintiff's demand and threatening him/her to die, it is sufficiently likely that the plaintiff will be subject to persecution if he/she returns to Egypt, and this 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, Article 1 of the Refugee Protocol, 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 to receive protection of the country of nationality or who, owing to such fear, are unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who does not want to return to the country of nationality, or who, due to such fear, 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, and any foreigner applying for recognition of refugee shall prove that there is a well-founded fear of such persecution (Supreme Court Decision 2012Du14378, Apr. 25, 2013).

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