Refugee Status Recognized Based on Defector-Related Activities and Other Circumstances

Who this helps

This may be a useful reference where refugee recognition is disputed because of a statement of conscience or defector-related activities.

Case overview

Case number

2014구합68706

Court

Seoul Administrative Court

Date of judgment

Mar 27, 2015 (Fri)

Topic

Refugees

Original title (Korean)

원고의 양심선언 및 탈북자관련 활동, 중국의 상황등을 고려하여 난민으로 인정한 판결

A lawsuit was filed against a decision denying refugee status. The applicant made a public statement of conscience on August 1, 2012, and also took part in activities related to North Korean defectors. The situation in China related to these activities was also addressed.

Can a refusal of refugee status be cancelled when there was a conscience statement and defector-related activities?

The dispute was whether the decision refusing refugee status was lawful. The applicant made a statement of conscience on August 1, 2012, and also carried out defector-related activities. The Seoul Administrative Court looked at these facts together with the situation in China. It found a well-founded fear of persecution on the ground of political opinion.

How the court ruled

The court considered the public statement of conscience, the activities related to North Korean defectors, and the situation in China together. As a result, it found a well-founded fear that the applicant could be persecuted on account of political opinion. The court therefore held that the decision denying refugee status was unlawful and had to be revoked.

What to check in a similar situation

Information on the refugee application procedure and on challenging a decision can be checked with the immigration office and the courts.

• Find your immigration office
• Find support centers
• Contacts: Immigration Contact Center 1345

Terms explained

Refugee status

A legal status given to a person outside their own country who is recognized as fearing persecution.

Well-founded fear

A fear of persecution that is backed by concrete circumstances rather than vague worry.

Cancellation of a decision

A court ruling that an administrative decision is unlawful and removes its effect.

More rulings on this topic

• Court upholds refusal of refugee status, finding a family property dispute is not a ground for recognition · Jeju District Court
• Ruling that upheld the cancellation of refugee status granted on the basis of false statements · Seoul Administrative Court
• Ruling Cancelling Decision Not to Refer Guinean National's Refugee Application for Examination · Busan District Court

See all 29 rulings on Refugees →

Frequently asked questions

Who brought the lawsuit?

The applicant who was refused refugee status brought the lawsuit against that decision.

How did the court decide?

It weighed the conscience statement, the defector-related activities and the situation in China, found a well-founded fear of persecution for political opinion, and cancelled the refusal.

Does this result apply directly to similar cases?

No. It is a judgment on the circumstances of that case and does not apply as-is to other cases.