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(영문) 서울행정법원 2019.07.16 2019구단7693
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the process of the disposition, the following facts are: (a) there is no dispute over the grounds for recognizing the rejection of the decision made on February 14, 2018 of the date of the filing date of the application for refugee status exemption (B-1, 90 days); (b) there is no ground for recognizing the rejection of the decision made on February 14, 2018 of the date of the filing date of the application for refugee status exemption (B-1, 90 days); (c) there is no ground for recognizing the rejection of the decision made on February 14, 2019 of the date of the filing date of the application for refugee status exemption on May 16, 2017; and (d) the entries in subparagraphs A through 4, B-1, and 2; and (d) the purport of the entire pleadings as a whole.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not notify the spouse’s family members who opposed to the Plaintiff at the time of marriage around December 2016.

With the knowledge that the omission of the spouse was known, the plaintiff was assaulted several times and threatened with murder.

In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the application for recognition of refugee was filed is unlawful.

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 his 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.”

The threat alleged by the plaintiff is only caused by private disputes or criminal crimes, and religion, etc.

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