beta
(영문) 서울행정법원 2016.07.08 2016구단10445

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 October 16, 201, the Plaintiff entered the Republic of Liberia (hereinafter “L-1”), a foreigner of the Republic of Liberia, who entered the Republic of Korea for the first time and repeated entry into and departure from the Republic of Korea on several occasions, and entered the Republic of Korea on September 24, 2012, and thereafter left the Republic of Liberia upon filing an application for refugee status with the Defendant on November 28, 2012.

B. On June 3, 2014, the Plaintiff re-enters into the status of stay for visa exemption (B-1) and applied for refugee status on August 25, 2014. On November 11, 2015, the Defendant rendered a decision to deny refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would suffer from persecution as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's member was a member of the organization "Negee" that kills the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's member, and

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear that he/she may be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or by such fear.

참조조문