(영문) 인천지방법원 2018.07.20 2018구합405

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(영문) 인천지방법원 2018.07.20 2018구합405

난민불인정처분취소

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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 – Nationality: Sri Lanka: entry (Status of stay): E-9); departure on November 18, 2008; departure on August 30, 2010; entry on October 7, 2010 (Status of Sojourn: E-9); and departure on June 1, 2018 - Application for recognition of refugee: Application for recognition of refugee:

B. Defendant’s decision on the recognition of refugee status as of March 31, 2017 (hereinafter “instant disposition”): A ground may not be recognized that the Plaintiff has “a well-founded fear of persecution” stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. Plaintiff’s filing of objection - The filing of objection to the Minister of Justice on April 27, 2017 - the statement of dismissal on October 11, 2017 (based on recognition) Nos. 1 through 5 and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was threatened by assaulting the Non-Party on the ground that the Plaintiff was a member of the State of nationality, and thus, it is highly likely that the Plaintiff would be subject to persecution when she returned to the State 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 2012Du14378 Decided April 25, 2013

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