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(영문) 서울고등법원 2020.10.16 2020누45577
난민불인정처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On June 15, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on June 15, 2017, and applied for refugee recognition to the Defendant on July 21, 2017.

B. On August 7, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on September 3, 2018, but was dismissed on December 23, 2019.

【Reasons for Recognition】 Each entry in the evidence of Nos. 1 through 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he was threatened by his wife on the ground that he was married without his parent’s consent, as a hydropaston forest, and that he was killed by his wife on the ground that he was married without his parent’s consent. Second, he was killed by his wife and her wife for six months after his birth.

Nevertheless, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is excessive beyond the scope of discretion, and thus illegal.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the 1951 Convention Relating to the Status of Refugees, Article 1 of the 1951 Protocol Relating to the Status of Refugees, and Article 1 of the 1967 Protocol Relating to the Status of Refugees, the Minister of Justice shall recognize a foreigner as a refugee upon application by the Minister of Justice, in respect of a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of his nationality, or who, owing to such fear, is unable or does not want to return to

The term "persecution", which is a requirement for recognition of refugee status, is a threat to life, body or freedom.

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