난민불인정결정취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs were foreigners of Liberia nationality, and Plaintiff A (hereinafter “Plaintiff A”) entered the respective Republic of Korea on July 8, 2013, respectively, on March 14, 2014, and filed an application for refugee status with the Defendant on December 22, 2016.
B. On May 11, 2017, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiffs cannot be deemed to have “a well-founded fear that the Plaintiffs would suffer from persecution” as stipulated in 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”).
C. The Plaintiffs filed an objection with the Minister of Justice on June 2, 2017, but all appeals were dismissed on December 7, 2017.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 8, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was that the father, who was the deficient father in his home country, refused to succeed to the status of the deficient father, and the Plaintiffs accordingly are threatened with relatives and village residents.
Nevertheless, the instant disposition that did not recognize the Plaintiffs as refugee is unlawful.
B. 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 to be protected by 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 the requirement for recognition of refugee status, includes threats to life, body or freedom, and also serious infringement or discrimination against essential human dignity.