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(영문) 서울행정법원 2017.06.27 2017구단9213

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On January 27, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on the short-term visit on January 27, 2016, and applied for refugee status to the Defendant on April 8, 2016.

On May 16, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 24, 2016, but the said objection was dismissed on February 24, 2017.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 3, Eul's evidence Nos. 1, 2, and 1 and 2, and the purport of the whole pleadings, the plaintiff's assertion as to the legitimacy of the disposition of this case was divorced after two months after he was forced to marry with the former husband who was a violent soldier in 2010.

After that, the plaintiff was married with her husband at around 201.

However, the former husband did not waive the Plaintiff, and on April 10, 2012 and November 15, 2013 and September 10, 2015, the former husband attacked the Plaintiff.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

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, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, are unable to return to the country in which they resided before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country of nationality, shall be recognized as a refugee, and “persecution,” which