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서울행정법원 2017.12.20 2017구단31142

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 March 3, 2017, the Plaintiff entered the Republic of Korea on March 3, 2017, and applied for refugee recognition to the Defendant on March 20, 2017.

B. On March 31, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On April 11, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on July 18, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's argument is that the plaintiff's wife's relative and marriage should be married. The wife married with the plaintiff, not his relative, and the family member of the plaintiff's wife intends to kill the plaintiff.

Therefore, the disposition of this case in which the plaintiff did not recognize the plaintiff as a refugee even though he could not return to his home country is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is the requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and thus, a foreigner applying for recognition of refugee has “a sufficient fear” subject to such persecution.