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(영문) 서울행정법원 2017.11.28 2017구단23936
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On November 25, 2015, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on November 25, 2015, and applied for refugee status to the Defendant on February 3, 2016.

On February 25, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 4, 2016, but the said objection was dismissed on June 8, 2017.

[Ground of recognition] The plaintiff did not have any dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the whole pleadings and the purport of the disposition of this case as to whether the disposition of this case is legitimate, and the plaintiff's assertion that this case is legitimate

On September 12, 2009, the Plaintiff rejected the demand for marriage at the B Village head.

After that, the plaintiff's husband, the father, the father and the father's father were killed by the head of the family.

Accordingly, the plaintiff also escaped from Liberia because it was stimuling about the threat of life.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

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 who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, are unable to return to the country in which they resided before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which serves as

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