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(영문) 인천지방법원 2018.10.04 2018구합900
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 of Russia - Entry into the Republic of Korea on March 19, 2017 (Status B-1): Application for recognition of refugee status: July 5, 2017;

B. Defendant’s decision on the recognition of refugee status as of July 17, 2017 (hereinafter “instant disposition”): The ground for recognition does not constitute a sufficiently-founded fear that he/she 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 200Do1466, Jul. 17, 201); the purport of the entry in Gap’s evidence 1,

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was threatened by his personal threat, such as demanding the president of the workplace to compensate for damages caused by a traffic accident, etc. on the wind of the workplace that causes a traffic accident while driving a cargo vehicle at the workplace. As such, there is sufficient risk that the Plaintiff would suffer from persecution in the event that the Plaintiff returns to Russia, and this constitutes a reasonable 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 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 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 resided in the country of nationality before entering the Republic of Korea, or who does not want to return to the country of nationality, or who does not want to return to the country of nationality. The requirement for recognition of refugee refers to an act causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body, or freedom. A foreigner applying for recognition of refugee shall prove that there is a well-founded fear of persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).

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