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(영문) 서울행정법원 2018.11.29 2018구단20392
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 9, 2017, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of Kazakhstan, and stayed in the Republic of Korea on the visa exemption (B-1). On March 9, 2017, the Plaintiff applied for refugee recognition to the Defendant.

B. On July 11, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff 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, and received a notice of decision to recognize refugee status on October 5, 2018.

[Reasons for Recognition] Evidence No. 1, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion rejected the plaintiff's husband's request for the opening of a new species in Kazaktan, and the plaintiff's husband was assaulted against the plaintiff's husband.

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

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 refers to “any act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.”

On the other hand, a request for recognition of refugee status is made that there is a good-founded fear of persecution.

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