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(영문) 서울행정법원 2018.09.19 2018구단12353
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 December 8, 2002, the Plaintiff entered the Republic of Korea from time to time after entering the Republic of Korea for the first time on December 8, 2002, and repeated entry and departure, and entered the Republic of Korea as a status of B-1 (Visa exemption) on December 8, 2016, and applied for refugee recognition to the Defendant on December 29, 2016.

B. On May 23, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff 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.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on July 6, 2017, but the objection was dismissed on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the husband borne a large amount of monetary obligation in Kazakhistan, and the obligees of the husband found the Plaintiff’s home in 201 or in 2012 and threatened the Plaintiff’s whereabouts with his/her debt repayment, and subsequently, they threatened the Plaintiff several times thereafter.

Therefore, since there exists a well-founded fear that the Plaintiff’s return from the husband’s creditors would be subject to gambling when the Plaintiff returned to the Republic of Korea, the instant disposition that did not recognize it on a different premise is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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