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(영문) 서울행정법원 2017.08.09 2017구단13809
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 April 27, 2016, the Plaintiff entered the Republic of Korea on April 27, 2016, and applied for refugee recognition to the Defendant on May 11, 2016.

B. On May 31, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) 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. On June 14, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on February 24, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion was the president of the traditional religion, which is, the husband’s third degree of relationship with the Plaintiff’s husband (A or nationality), but the Plaintiff’s husband was married with the Plaintiff, thereby threatening the Plaintiff and the husband.

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

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from 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 a 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 a “comfortablely-founded fear” subject to such persecution and all pleadings.

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