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(영문) 서울행정법원 2019.05.14 2019구단2865
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, the following facts: short-term sojourn status visit (C-3) on February 9, 2017, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea of the date of the application for refugee status recognition (hereinafter “instant disposition”) on February 24, 2017: (a) the date of the application for refugee status recognition (hereinafter “instant disposition”) and the date of the decision on February 17, 2018; (b) there is no dispute over the grounds for recognition of the decision of rejection as of May 8, 2018; (c) the facts that there is no ground for recognition of the decision of rejection as of May 29, 2018 of the date of the application for objection; (d) Gap evidence 1 through 4, Eul evidence 1, and 2;

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was deadly pregnant between the Plaintiff and the female family member, who became aware of the fact, was threatened.

In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee despite the application for recognition of refugee status was 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 threats asserted by the Plaintiff are private disputes arising from the pregnancy of a pregnant woman before the marriage, and do not constitute gambling on the grounds of religion, etc.

2.

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