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(영문) 인천지방법원 2018.08.17 2018구합375
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 or departure from the Republic of Korea on May 27, 2015 (B-1); departure from the Republic of Korea on July 26, 2015; entry into or departure from the Republic of Korea on September 30, 2015 (C-3); departure from the Republic of Korea on November 27, 2015; departure from the Republic of Korea on April 16, 2016 (B-1); departure from the Republic of Korea on June 13, 2016; entry (B-1); and departure from the Republic of Korea on July 11, 2016; and application for recognition of refugee status: Application for recognition of refugee status on May 26, 2017.

B. Defendant’s decision on the recognition of refugee status as of June 13, 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 July 10, 2017 - the statement of the dismissal decision on December 7, 2017 (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 assault against his presumed violent actors in the country of nationality, etc., and thus, the Plaintiff is highly likely to be harmed if the Plaintiff returned to the country of nationality.

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.

(Article 2 Subparag. 1 of the Refugee Act provides that “persecution” means “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” which serves as the requirement for recognition of refugee status.” As such, there is “a sufficient fear of persecution.”

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