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(영문) 서울행정법원 2016.06.22 2016구단4532

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 15, 2015, the Plaintiff entered the Republic of Korea as a foreigner with multiple nationality, under the qualification for visa exemption (B-1), and filed an application for refugee status with the Defendant on November 26, 2015.

B. On December 30, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would suffer from persecution as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a hybrid born in Liberia, and the Plaintiff was living together with his parents in 1990, and was threatened with the inheritance dispute after his father’s death and became threatened with Liberia around 2013.

The plaintiff criticizes the Government of Liberia, which led to the threat from the father of Liberia who protected the plaintiff, and became a threat to Liberia.

Since the Plaintiff’s return to Liberia is likely to be detrimental to gambling on the grounds of political opinion, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee status.