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(영문) 인천지방법원 2018.06.07 2018구합160
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: Egypt - Entry: November 18, 2015 (Status B-2) - Application for recognition of refugee status: Application on December 15, 2016;

B. Defendant’s decision on the recognition of refugee status as of December 26, 2017 (hereinafter “instant disposition”): A ground may not be recognized as having 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 (based on recognition)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was urged by the members of the Unsllim-type group to join the Unsllim-type group and participate in its activities, and was threatened with the Plaintiff’s physical threat, such as the Plaintiff’s bus dissatisfing. Therefore, the Plaintiff’s assertion is sufficiently likely to be imprising if the Plaintiff returned to Esatt, and 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 against, 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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