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(영문) 서울행정법원 2019.03.21 2018구단74924
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 is well-known.

A foreigner of the nationality of the Republic of Korea (hereinafter referred to as the "Korea"), who entered the Republic of Korea on November 7, 2016, with the status of stay C-3 (short-term Visit).

B. On November 11, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on July 18, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize the “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 Refugee Protocol on the Status of Refugees.

C. On August 28, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that he was married with a soldier of 22 years of age on his parents’ coercion after graduating from a high school around 2013.

The Plaintiff suffered continuous abuse from her husband, which led to the Plaintiff’s miscarriage around September 2014.

The plaintiff reported her husband's abuse to the police, but the police did not take any measure against her husband.

The plaintiff is the Republic of Korea of U.S.

If you return to the her husband, it is still likely to be threatened with the her husband's life or physical freedom.

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 a member of a particular social group of refugees, namely, race, religion, nationality, and nationality.

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