RefugeesOther
Ruling Grants Refugee Recognition Application Based on Wife Inheritance Custom
The short answer: The court sided with the woman who applied for refugee recognition and found that her application based on the wife inheritance custom had to be accepted.
An applicant from the Luo people of Kenya applied for refugee recognition, claiming a fear of persecution because of the wife inheritance custom. The court held that the application is to be granted.
Who this helps
This may be a useful reference for people reading about refugee applications based on a fear of persecution tied to a traditional marriage-related custom, such as the one in this case.
Case overview
- Case number
- 2010누38914
- Court
- Seoul High Court
- Date of judgment
- Topic
- Refugees
- Original title (Korean)
'아내상속 제도'를 이유로 한 난민인정 신청을 받아들인 사례
The plaintiff, from the Luo people of Kenya, claimed that after her husband died, his brothers and others forced her to have sexual relations with another man under the wife inheritance custom, a Luo tradition. She stated that they assaulted and threatened her when she refused, and she applied for refugee recognition on the grounds of a fear of persecution.
Can a refugee application based on the wife inheritance custom be accepted?
The plaintiff, a woman from the Luo people of Kenya, said her husband died. She said his brothers and others then pressed her to have sex with another man under the Luo wife inheritance custom. She said she refused and was assaulted and threatened, so she feared persecution and applied for refugee recognition in Korea. The Seoul High Court found that an application based on the wife inheritance custom had to be accepted.
How the court ruled
The court held that the plaintiff's application for refugee recognition is to be granted.
What to check in a similar situation
Details about how refugee applications are handled can be checked with the immigration or foreigner affairs office in charge. Case records and the full ruling can be checked with the court.
- Find your immigration office
- Find support centers
- Contacts: Immigration Contact Center 1345
Terms explained
- Wife inheritance custom
- A Luo tradition described in this case. Under it, a widow is pressed to have sex with another man chosen from her late husband's side.
- Refugee recognition
- An official decision that a person qualifies as a refugee. Here, the plaintiff applied for it in Korea.
- Fear of persecution
- A worry about being seriously harmed because of who one is or one's circumstances. The plaintiff cited assault and threats after she refused.
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
Frequently asked questions
Who applied for refugee status in this case?
The applicant was a woman from the Luo people of Kenya. She applied for refugee recognition in Korea.
How did the court rule?
The Seoul High Court ruled that the refugee application based on the wife inheritance custom had to be accepted.
Does this result apply the same way to every similar case?
No. It is the court's judgment in this one case and does not automatically apply to other cases in the same way.
Source and original
Source: Republic of Korea Courts, Major Rulings of Courts Nationwide
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