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(영문) 인천지방법원 2018.04.26 2017구합1241
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 China: October 13, 2016 (Status C-3): Application for recognition of refugee: January 17, 2017

B. Defendant’s decision to recognize refugee status as of April 7, 2017 (hereinafter “instant disposition”): A cannot be recognized as having a sufficiently-founded fear that the Plaintiff would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (based on recognition) (Article 6, 1 of the Refugee Convention, and Article 1 of the Refugee Protocol)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was arrested on the ground that the Plaintiff attended the patriarche event, etc. as a member of the patriarche, etc., and the Plaintiff was arrested on the ground that he had produced promotional materials by subsidizing funds. As such, it is likely that the Chinese government would be stuffed if he returned to China.

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 a refugee refers to any act causing serious infringement of, or discrimination against, inherent human dignity, including threats to life, body or freedom. A foreigner applying for recognition of a refugee must prove that there is a well-founded fear of such persecution.

In order to be recognized as a refugee, training personnel in the Pakistan are in China.

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