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(영문) 인천지방법원 2018.12.20 2018구합54464
난민불인정결정취소
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: Pakistan - Entry: May 2, 2015 (Status of Sojourn: G-1) - Application for refugee status: March 15, 2017

B. Defendant’s decision on the recognition of refugee status as of July 7, 2017 (hereinafter “instant disposition”): Grounds for not falling under the well-founded fear that a person 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 200Do356, Jul. 7, 2017)

2. Whether the disposition is lawful;

A. The plaintiff's assertion is a threat to the plaintiff's personal injury, such as receiving a demand for monetary payment from B. Thus, the plaintiff's allegation is sufficiently likely to be persecution in the event that the plaintiff returns to Pakistan. This 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 be protected 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, fundamental human dignity, including threats to life, body, or freedom. In light of the overall purport of oral arguments and arguments, 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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