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(영문) 서울행정법원 2018.08.23 2018구단9715
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. The Plaintiff entered the Republic of Korea on December 1, 2016, as a foreigner of the nationality of the Republic of Kazkhs (hereinafter referred to as “Kazkhstan”) of the Republic of Kazkhstan (hereinafter referred to as “Kakhstan”), with the status of stay B-1 (Visa exemption).

B. On December 29, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 20, 2018, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges that there are sufficient grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff immediately filed the instant lawsuit on May 4, 2018 without raising an objection against the instant disposition to the Minister of Justice.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The Plaintiff asserted that he gave birth to a child with a disability between the former husband and the former husband in Kazaktan.

The former husband exercised frequently violence against the Plaintiff, and the Plaintiff was able to undergo surgery due to the violence of the former husband.

The plaintiff has been divorced with the former husband in around 2014, but it is still likely to be threatened by the former husband if he returns to Kazakhstan.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act is sufficient to recognize that refugee status may be respected on the grounds of race, religion, nationality, status as a member of a specific social group or political opinion.

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