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(영문) 서울행정법원 2019.08.21 2019구단5871
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 26, 2017, the Plaintiff entered the Republic of Liberia (hereinafter referred to as “L-1”) as a foreigner of the nationality of the Republic of Liberia (hereinafter referred to as “Liberia”) and applied for refugee recognition to the Defendant on January 9, 2018 (hereinafter referred to as “instant application”).

B. On January 22, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “Disposition in this case”). 【No dispute over the grounds for recognition】 The entry in Gap’s 1 through 3, and Eul’s 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From around 2014, the Plaintiff asserted that the Plaintiff had been committing a war crime in Liberia, which is a nationality state, called for the holding of international criminal trials to punish those who committed a war crime, such as killing a dead citizen in Liberia, and was threatened by the opposing parties.

Therefore, the defendant's disposition of this case which rejected the plaintiff's application for refugee status even though the plaintiff's return to Liberia could cause a threat to his/her life should be revoked as it 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 Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” can be returned to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized as being detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea.

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