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(영문) 인천지방법원 2019.03.14 2019구합372
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 the Republic of Korea: Kazakhstan - Entry on January 5, 2017 (Status B1): The date of application for recognition of refugee status: April 7, 2017.

Defendant’s decision to recognize refugee status as of November 7, 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 (hereinafter “instant disposition”): the purport of each entry in the evidence Nos. 1 and 2, and the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff was forced from Kazakkh's criminal organization of the nation of nationality to go beyond the Kazakh's kh's kh's kh's kh's kh's kh's kh's kh's kh's kh's kh's kh's kh'

Therefore, the instant disposition is unlawful.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.

(See Supreme Court Decision 2012Du14378 Decided April 25, 2013). The entry of evidence No. 4 reveals the following.

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