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(영문) 인천지방법원 2018.11.29 2018구합1620
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: Kazaktan - Entry: July 25, 2017 (Status B-1) - Application for recognition of refugee status: Application on July 28, 2017

B. Defendant’s decision to recognize refugee status as of August 9, 2017 (hereinafter “instant disposition”): The ground does not constitute a sufficiently-founded fear that the refugee status will be harmed as prescribed in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”): The entry in the evidence No. 2 and the purport of the entire pleadings (based on recognition)

2. Whether the disposition is lawful;

A. The plaintiff's assertion that is Islamic B, the plaintiff was forced from Islamic C&C and was subject to violence. Thus, there is sufficient possibility that the plaintiff would be stuffed in the event that the plaintiff returned to Kazaktan. This constitutes a reasonable fear.

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 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. 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, and thus, 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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