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(영문) 서울행정법원 2020.12.08 2020구단69178

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, there is no ground for recognizing that there is no sufficient ground for recognizing that the grounds for recognition of refugee status by the decision of May 29, 2020 on May 31, 2019 of the date of the application for refugee status status status (A-2, 30 days) (hereinafter “instant disposition”) on May 8, 2019, the date of entry into the Republic of Korea of the Republic of Larido, the Plaintiff’s nationality: (a) there is no ground for recognizing that the applicant would be subject to persecution; (b) evidence A; (c) each entry in the evidence of subparagraphs 1 through 3; and (d) the purport of the entire pleadings;

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a shotdo, and married with his wife, a Muslim, around May 2013, and his wife, including the head, was knife, on the ground that his wife is a shotos, and the Plaintiff’s house was found to be a shotos and threatened with murder.

In the event that the plaintiff returned to Sirido, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being stuffed for the above reasons.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

Shebly, the ground alleged by the Plaintiff is a threat by marriage, such as the head of the marriage opposing the marriage, which constitutes a private threat.

This is the Korean judicial system.