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(영문) 서울고등법원 2017.11.07 2017누56447
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following determination as to the Plaintiff’s assertion, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that, as a musical person, he/she was well aware of his/her neighbors of his/her residence and thus, he/she would have a high possibility of being harmed by the same-sex marriage if he/she return to his/her residence.

In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the 1951 Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the 1967 Protocol Relating to the Status of Refugees, the Minister of Justice shall recognize any foreigner, who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of his/her nationality, or who, owing to such fear, is unable or does not want the protection of the country of his/her nationality, has returned to the country in which he/she had resided before entering the Republic of Korea, or who does not want to return to the country of his/

In this case, the term “specific social group” means a group of individuals sharing a congenital character, an irrecoverable common history, a characteristic or religious faith that constitutes an individual’s identity or conscience and that should not be required to renounce it. It means a group of individuals who are perceived to be different from that of other groups in the social environment. The sexual orientation of same sex is easy to be exposed to gambling if it violates the applicant’s moral norms or legal norms in the country of origin, thereby going against the applicant’s moral orientation, and if the government of the country of origin refuses or is unable to protect it, it shall be a specific social group.

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