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(영문) 서울행정법원 2018.11.28 2018구단66893
난민불인정처분취소
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 July 25, 2016, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) on July 25, 2016, and applied for refugee recognition to the Defendant on March 8, 2017.

B. On April 17, 2017, the Defendant rendered a decision to recognize 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 be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On May 15, 2017, the Plaintiff filed an objection with the Minister of Justice on May 15, 2017, but the objection was dismissed on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion was threatened with several threats, such as assaulting the husband from the husband in Kazakhstan. Since there exists a well-founded fear that the Plaintiff would be subject to gambling from the husband when he returns to the Republic of Korea due to Kazakhstan, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (see Article 2 subparag. 1 of the Refugee Act. Meanwhile, “persecution” which is a requirement for recognition of refugee status, includes threats to life, body, or freedom, and also serious human dignity.

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