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(영문) 인천지방법원 2018.06.08 2018구합85
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 refugee recognition - Nationality: Russia - Entry into or departure from the Republic of Korea on December 24, 2016 (Status B-1), departure from the Republic of Korea on January 23, 2017, and entry into the Republic of Korea on February 17, 2017 (Status B-1): Application for refugee recognition: April 14, 2017.

Defendant’s decision to recognize refugee status as of April 27, 2017 (hereinafter “instant disposition”): A ground may not be recognized that the Plaintiff has “a sufficiently-founded fear that the Plaintiff would suffer from persecution” stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff’s filing of objection - the Minister of Justice on April 28, 2017 - the filing of objection - the dismissal decision on December 7, 2017 (based on recognition) Nos. 1 through 6, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion is the Mesian believers, and the Mesianist who had attended the past forced him to open to Muslim, and the Russian police does not protect the plaintiff. Thus, it is highly likely that the plaintiff will be subject to gambling if he returns to his country of nationality.

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.

Supreme Court Decision 201No. 2013.

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