logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.02.13 2019구합2774
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: December 23, 2016 (Status B1): - Application for recognition of refugee status: May 24, 2017

B. Defendant’s decision on the recognition of refugee status as of March 23, 2018 (hereinafter “instant disposition”): The ground for recognition does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 200Du1468, Mar. 23, 201); the purport of each entry in the evidence No. 1 through No. 4

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was threatened by coerciond by male living together in Islamic khovastan, etc. of a particular species of Islamic spawal.

In the event that the Plaintiff returned to Kazakhstan, there is sufficient risk of threat, which 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, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, status as a member of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to the country in which they were living in the Republic of Korea before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country of nationality, must be recognized as a refugee, and the gambling required for the recognition of a refugee refers to any act causing serious infringement of, or discrimination against, fundamental human dignity, including threats to life, body or freedom. A foreigner applying for the recognition of a refugee, must prove that there is a well-founded fear of such persecution

(see Supreme Court Decision 2012Du14378, Apr. 25, 2013). The Plaintiff is a certain species of Islamic sect from a man living together to a Islamic sect.

arrow