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(영문) 인천지방법원 2018.08.31 2018구합894
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: Russia - Entry into the Republic of Korea on April 21, 2015 (B-1), departure on June 17, 2015, entry into the Republic of Korea on March 31, 2016 (Status B-1), entry into the Republic of Korea on May 30, 2016, entry into the Republic of Korea on March 19, 2017 (Status B-1), entry into the Republic of Korea on March 19, 2017, departure from the Republic of Korea on January 20, 2018, entry into the Republic of Korea on February 27, 2018 (Status G-1) - Application for recognition of refugee status: Application for recognition of refugee on July 6, 2017.

B. Defendant’s decision on the recognition of refugee status as of July 24, 2017 (hereinafter “instant disposition”): A ground may not be recognized that the Plaintiff has “a well-founded fear of persecution” stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. Plaintiff’s objection - Formal objection to the Minister of Justice on August 18, 2017 - the statement of dismissal on March 21, 2018 (based on recognition) Nos. 1 through 4, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion was threatened by demanding monetary payment from community violence officers while operating clothes in his/her country of nationality, and being assaulted. Therefore, the plaintiff's assertion is highly likely to be stuffed if he/she returns to his/her country of nationality.

Therefore, the disposition of this case must be revoked illegally.

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 of Article 2 of the Refugee Act). The term “persecution”, 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 such persecution is sufficient.

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