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(영문) 서울행정법원 2021.02.02 2020구단14802
난민불인정결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs were foreigners of their nationality in the Republic of Kazakhstan (hereinafter “Kazakhstan”), and entered the Republic of Korea on July 19, 2017, with the status of stay (B-1) exempt from the visa.

B. On July 16, 2019, the Plaintiffs filed an application for recognition of refugee status with the Defendant, but on July 16, 2019, the Defendant rendered a decision to deny refugee status on July 29, 2019, each of the instant dispositions (hereinafter “instant disposition”) on the ground that the Plaintiffs’ assertion on the status of refugee would be subject to stuffed “Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.”

(c)

The Plaintiffs filed their respective objections against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the respective objections on February 6, 2020.

[Ground for recognition] Unsatisfy, Gap's evidence Nos. 1, 2, Gap's evidence Nos. 1 and 2, Eul's evidence No. 1-1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The husband C of the Plaintiff’s assertion assaulted the said Plaintiff and forced and threatened the Plaintiff to adopt the Plaintiff B.

Plaintiff

A is likely to go back to Kazakh for the above reasons, and therefore, a refugee should be recognized, and the plaintiff B should be recognized as a refugee in accordance with the principle of family combination.

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

B. (i) In full view of the provisions of Articles 2 subparag. 1 and 18 of the Civil Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable to be protected or does not want the protection of 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, as a refugee.

the requirements for recognition as the public.

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