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(영문) 서울행정법원 2020.03.31 2019구단18396
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts: (a) there is no ground for recognizing that there is no sufficient ground for recognizing the grounds for recognition of refugee status in the decision of August 22, 2019 on January 30, 2018 on the date of applying for refugee status exemption (B-2, 30 days) from the date of entry into the Republic of Korea of the Republic of South Africa (hereinafter “instant disposition”) on January 11, 2018; (b) there is no ground for recognizing that the decision of the court rendered on August 22, 2019 would be detrimental to persecution; (c) evidence A and evidence B, and the purport of the entire pleadings; and (d) the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. After the Plaintiff’s death of her mother, the Plaintiff received sexual abuse from the outer third village and forced abortion.

In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the application for recognition of refugee was filed is 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.”

B. In light of the following circumstances, the Plaintiff’s membership in race, religion, nationality, and a specific social group, even if considering all the evidence submitted by the Plaintiff and all the circumstances alleged by the Plaintiff, which can be seen by comprehensively taking into account the purport of the written evidence No. 4 and the entire arguments.

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