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(영문) 서울행정법원 2017.01.26 2016구단29494

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 November 12, 2015, the Plaintiff entered the Republic of Korea as an alien of Liberia’s nationality as a visa exemption (B-1) and applied for refugee recognition to the Defendant on November 30, 2015.

B. On December 28, 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 that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On January 19, 2016, the Plaintiff filed an objection with the Minister of Justice on January 19, 2016, but rendered a final decision to dismiss the Plaintiff’s application on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. On 195, the Plaintiff’s Plaintiff’s assertion was killed, and the Plaintiff’s cocoa farm and house were left at the end. The Plaintiff’s third village continuously demanded to transfer the above inherited property to himself/herself, and the Plaintiff got a total attack due to the attack of the people who had a dead third village.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff is under a state of nationality for reasons of social status, which is a member of a specific group.

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

1. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (hereinafter referred to as “or the country in which he/she resided”).