logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.09.20 2017구단65763
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 June 23, 2016, the Plaintiff entered the Republic of Korea on June 23, 2016, and applied for refugee recognition to the Defendant on July 11, 2016.

B. On September 22, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on October 7, 2016, but was dismissed on April 21, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff was threatened by her family members to go to Islamic intercourse after her wife and her family member married to Islamic intercourse.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 18 of the Refugee Convention, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected or do not want to be protected in the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee status must prove that there is “contributingly-founded fear” subject to such persecution and the entire purport of arguments.

arrow