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(영문) 서울행정법원 2016.01.08 2015구단14730
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 July 8, 2013, the Plaintiff entered the Republic of Korea with a visa exemption (B-1, 90 days of sojourn) obtained as a foreigner of Liberian nationality, and applied for refugee status to the Defendant on September 30, 2013.

B. On July 30, 2014, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff 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. On August 22, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the Plaintiff’s father, who was the seat of the Plaintiff’s assertion, died on December 4, 2012, the Plaintiff’s relatives and village residents threatened the Plaintiff and the Plaintiff’s children with the title of the shortage, on the ground that the Plaintiff, who was a scarcity, refused to succeed to the status of the shortage.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

(b) as shown in the attached Form of the relevant statutes;

C. (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 obtain protection of the country of nationality or 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 the requirement for recognition of refugee status is against life, body, or freedom.

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