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(영문) 인천지방법원 2019.07.04 2019구합1085
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: Kazaktan - Entry: February 25, 2017 (Status B1): - Date of application for refugee recognition: May 12, 2017

Defendant’s decision to recognize refugee status as of November 30, 2017 (hereinafter “instant disposition”): Grounds for not falling under “a well-founded fear of persecution” as 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 is the Islamic kysado, which is a country of nationality, and is threatened by coercion, coercion, violence, etc. from the Kassado from the Kasado, the country of nationality, to the Kasado, and thus, it is highly likely that the plaintiff might be affected in the event that the plaintiff returns to the Kasado, and this constitutes a reasonable fear.

Therefore, the instant disposition is unlawful.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.

(see Supreme Court Decision 2012Du14378, Apr. 25, 2013). At the time of refugee interview, the Plaintiff avoided the threat of the Asia-Pacificism.

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