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(영문) 서울행정법원 2016.11.09 2016구단20909
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 January 29, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on January 29, 2015, and applied for refugee recognition to the Defendant on February 11, 2015.

B. On November 12, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on December 24, 2015, but was dismissed on June 30, 2016.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 5, 2014, the Plaintiff asserted that he/she was married with a Muslim female in his/her home country, and that he/she left Korea upon the threat of the person opposing to marriage with the Plaintiff who was a suslimian.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution from the long person 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, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to a 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, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”

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