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(영문) 서울행정법원 2016.09.29 2016구단59945
난민불인정결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs are Thailand foreigners. The Plaintiffs are Thailand foreigners.

On May 15, 2015, the Plaintiffs filed their respective applications for refugee status with the Defendant.

On December 11, 2015, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiffs is not recognized.

(hereinafter “each disposition of this case”). 【No dispute exists, Gap evidence 1, Eul evidence 1-8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiffs asserted that they were forced to believe Islamic intercourse under the parent chain that believed Islamic intercourse, and they entered the Republic of Korea, and they married with Dain who was married to Dain who was married to Dain, and changed to her husband according to her husband.

As Islamic countries, Eul is a country in which the death penalty is to be imposed when its own citizens are married to her natives, and if the plaintiff's parent is aware that the plaintiff A married to her natives who opened to her natives and is going to her natives, it is highly likely that the plaintiff A and his/her subordinates may threaten the life and body of the plaintiff B and are likely to harm her life and body and are not protected from the police of Thailand. Accordingly, each of the dispositions of this case is unlawful.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

(No. 1 of Article 2 of the Refugee Act). The term “persecution”, which is a requirement for recognition of refugee status, means “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body or freedom.”

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