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(영문) 인천지방법원 2018.11.22 2018구합1262
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 of Russia - Entry into the Republic of Korea on October 26, 2016 (Status B-1): Application for recognition of refugee status: Application on July 13, 2017

B. Defendant’s decision to recognize refugee status as of August 9, 2017 (hereinafter “instant disposition”): The ground does not constitute a sufficiently-founded fear that he/she would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 2000Du1468, Apr. 2, 201); the purport of the entire pleadings and arguments.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was threatened with personal threat, such as being discriminated against and destroyed by the Russ nationalism of Russia on the ground that the Plaintiff is the Russcven nation in Russia, and thus, it is sufficiently likely that the Plaintiff would suffer persecution in the event that the Plaintiff returns to Russia, and it 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, owing to such fear, does not want to return to the country of nationality, which has resided in the Republic of Korea, or who does not want to return to the country of nationality, should be recognized as a refugee. The requirement for recognition of a refugee refers to an act causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body, or freedom, and a foreigner applying for recognition of a refugee shall prove that there is a well-founded fear of such persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).

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