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(영문) 서울행정법원 2015.07.17 2015구단2454
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 October 22, 2012, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality (D-4, the period of stay from October 22, 2012 to April 22, 2013), and applied for refugee status to the Defendant on March 15, 2013.

B. On April 17, 2014, the Defendant rendered a disposition of non-recognition of 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 suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was forced to marry the her husband’s punishment and marriage according to the tradition of the indigenous religious organization that belongs to the husband after her husband’s death. The Plaintiff cannot return to the Republic of Korea due to fear that she forced her husband to join the said organization after her husband’s status and could not return to the Republic of Korea due to fear that her husband would deprive her of her husband’s miscarriage. Thus, the instant disposition made on a different premise is unlawful even though there exists a fear that the Plaintiff had sufficient grounds for persecution.

B. Determination 1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; Article 1 of the Convention Relating to the Status of Refugees; and Article 1 of the Protocol Relating to the Status of Refugees, the Defendant shall recognize a foreigner in the Republic of Korea, who is unable to be protected by the country of his/her nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion, or who does not want to be protected by the country of his/her nationality, as a refugee under the Refugee Convention.

At this time, the term “gambling” which is a requirement for recognition of refugee status.

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