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(영문) 서울행정법원 2018.07.19 2018구단62242
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 4, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on May 4, 2016 and stayed, and applied for refugee status to the Defendant on May 9, 2016.

B. On June 29, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 18, 2016, but was dismissed on March 21, 2018, and the Plaintiff received a notice of dismissal decision on April 4, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 파키스탄에서 시아 무슬림이었는데, 2015년경 수니 무슬림인 B와 혼인한 후 원고가 시아 무슬림임을 알게 된 시댁 식구들로부터 이혼을 강요받았다.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the ground of religion.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner means life, body or life.

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