난민불인정결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation on this part of the grounds of the judgment of the court of first instance is the same as the corresponding part of the grounds of the judgment of the court of first instance, and thus, this part is cited by Article 8 (2) of the Administrative Litigation Act and the main sentence of
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was raped on November 2015, and was destroyed by his/her family and the surrounding persons, and that he/she was under threat to his/her mother. However, his/her honor is humping about, and thus, he/she could not be reported to the police. Family members were forced to engage in marriage that is not originally attributable to the Plaintiff. Therefore, if the Plaintiff returned to the mother’s mother’s Republic of Korea, the Plaintiff’s family members can be forced to marry the Plaintiff by force, and the third degree and the baby of his/her mother may be harmed by the Plaintiff.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked as it is unlawful.
B. Determination 1) Article 2 Subparag. 1 of the Refugee Act, and the Convention on the Status of Refugees (hereinafter “Refugee Convention”)
In full view of the provisions of Article 1 of the Protocol relating to the Status of Refugees and Article 1 of the Protocol, foreigners in the Republic of Korea 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 or wanting to be protected of the country of nationality shall be recognized only in cases of difficulties.
In this case, the term “specific social group” means a group sharing a prior character, an irrecoverable common history, or a characteristic or religious faith that constitutes the core of an individual’s identity or conscience, which shall not require any waiver thereof, and is perceived as being different from that of another group in the social environment.
In addition, the term "persecution" to be received by the foreigner, as well as threats to life, body, and liberty, is a serious infringement of or discrimination against the essential human dignity.