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(영문) 서울행정법원 2016.11.29 2016구단62071

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. The Plaintiff, a foreigner of the Republic of Liberia, entered the Republic of Korea as a visa exemption (B-1) on September 18, 2014, and applied for refugee status to the Defendant on October 13, 2014.

B. On September 15, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).

C. On September 22, 2015, the Plaintiff filed an objection with the Minister of Justice on September 22, 2015, but was rendered a final decision dismissing the Plaintiff’s application on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion that he had resided in a nationality state is an area where the confidential local organization, such as “POR SOC SOCETY”, is an area where the Plaintiff had influence on, and the said community has committed unlawful acts, such as removing a part of the body and using it to teach awareness.

The plaintiff, a member of the above organization, forced the plaintiff and the plaintiff's parents to join, the plaintiff and the plaintiff's family members refused to do so, and the plaintiff's parents were actually killed from them.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(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 his/her nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.