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(영문) 인천지방법원 2019.11.28 2019구합54669
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 - Nationality: Kazaktan - Entry: February 1, 2018 (Status B1): - Application for recognition of refugee status: March 5, 2018

B. Defendant’s decision to recognize refugee status as of April 10, 2018 (hereinafter “instant disposition”): The ground for recognition does not constitute “a well-founded fear that is likely to suffer from persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”): The purport of the entirety of the arguments and arguments stated in subparagraphs 1, 2, and 1 through 3, and the purport of the entirety of the arguments.

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the vehicle maintenance station was operated in Kazaktan, and that there was no money left on the vehicle from the customer who requested the replacement of the vehicle, and thus, the Plaintiff was forced to compensate for it.

In the event that the Plaintiff returned to Kazakhstan, there is a sufficient risk of threatening life, 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 well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to the country in which they were living in the Republic of Korea before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country in which they were living in the Republic of Korea, shall be recognized as a refugee, and gambling satisfying the requirements for recognition of a refugee refers to any act causing serious infringement of, or discrimination against, fundamental human dignity, including threats to life, body, or freedom, and any foreigner applying for recognition of a refugee shall prove that there is a well

Supreme Court Decision 201No. 25 Decided April 25, 2013

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