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(영문) 인천지방법원 2019.04.25 2018구합2487
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: Kazaktan - Entry: November 28, 2016 (Status B1): - Date of application for refugee recognition: May 8, 2017

Defendant’s decision to recognize refugee status as of November 16, 2017 (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” (based on recognition)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made by a female who promised to marry in Kazaktan, a national State of nationality, but was not permitted to marry from his parent on the ground that he was the Maccccck national, and was threatened with murdering by her female on the ground that her parent was locked. Thus, the Plaintiff’s assertion is sufficiently likely to be stuffed in the event that the Plaintiff returned to Kazaktan, and constitutes a underlying fear.

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 2012Du14378 Decided April 25, 2013

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