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(영문) 인천지방법원 2020.10.13 2020구단2124
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: Uzbekistan - Entry: April 26, 2017 (Status C-3) - Application for refugee status: April 6, 2018

Defendant’s decision to recognize refugee status as of April 18, 2018 (hereinafter “instant disposition”): The ground does not constitute “a well-founded fear of persecution” stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. Plaintiff’s objection - Formal objection to the Minister of Justice on May 14, 2018 - the statement of dismissal on April 21, 2020 [Grounds for recognition] Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was threatened and threatened with the threat and intimidation to the effect that the Plaintiff would die without taking part in the war against Islamic countries (IS) members of the Islamic Republic of Korea.

In the event that the plaintiff is to return to Uzbekistan, it is highly likely to be affected by gambling, which 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, 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 to be protected of the country of nationality or who, owing to such fear, are unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who does not want to return to the country of nationality, or who, owing to such fear, are recognized as a refugee. Merely satisfying the requirements for recognition of a refugee refers to acts causing serious infringement of, or discrimination against, fundamental human dignity, including threats to life, body or freedom. Accordingly, there is a well-founded fear of persecution.

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