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(영문) 인천지방법원 2021.02.16 2020구단3370
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: Kazakistan - The State of Entry into the Republic of Korea on May 18, 2018 (Status B-1): - The application for the settlement of a civilian who was in peril: (b) June 20, 2018; (c) the Defendant’s decision on October 14, 2019 (hereinafter “instant disposition”); (d) the ground: the refusal of refugee status on October 14, 2019 (hereinafter “instant disposition”); (e) does not constitute “a well-founded fear that would be subject to persecution”; (e) Article 1 of the Refugee Convention and Article 1 of the Declaration of Refugees.”

C. Plaintiff’s objection - The filing of an objection to the Minister of Justice on November 13, 2019 - The statement of the dismissal decision on June 19, 2020 [founded grounds] Nos. 1 through 4 and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he was assaulted by non-merchants demanding the amount of USD 15,000, and subsequently, he was urged by the phone calls to the Republic of Korea to the effect that he could have been assaulted by them.

In the event that the Plaintiff returned to Kazakh, there is sufficient risk of persecution, which constitutes a underlying fear.

Therefore, the instant disposition is unlawful.

B. Determination 1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the previous Civil Code, Article 1 of the Refugee Convention, and Article 1 of the Refugee’s emotional sentiments, foreigners who are unable to obtain protection of the country of nationality or who do not want to obtain protection of the country of nationality due to well-founded fears on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who are unable or do not want to return to the country of nationality due to such fear, must be recognized as a refugee, and any unstateless foreigner who does not want to return to the country of nationality, or who does not want to return to the country of nationality, which has resided before entering the Republic of Korea, which means any act causing serious infringement or discrimination on fundamental human dignity, including threats to life, body, or freedom, and any foreigner who files an application for recognition of a refugee, has a well-founded fear of such persecution.

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