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(영문) 인천지방법원 2018.12.20 2018구합1873
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: December 12, 2016 (Status of Sojourn: C-3) - Application for refugee recognition: January 16, 2017

B. Defendant’s decision to recognize refugee status as of May 17, 2017 (hereinafter “instant disposition”): Grounds for not falling under the well-founded fear that a person would suffer from persecution stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”): The purport of the entry in the evidence Nos. 1 and 4 and the entire argument is as follows.

2. Whether the disposition is lawful;

A. The plaintiff's assertion was threatened by a person who could not identify him/her on the ground that he/she reported thief's thief to the police on the ground that he/she reported thief's thief's thief's thief's thief's thief'

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 receive protection 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 on, essential human dignity, including threats to life, body, or freedom, and 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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