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(영문) 서울행정법원 2015.08.21 2015구단2706
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 4, 2011, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on October 4, 201 as an alien of Liberian nationality, and stayed after obtaining permission for change of status of stay for general training (D-4 and June 2, 2012) on December 19, 2011, and filed an application for refugee status with the Defendant on May 11, 2012.

B. On April 7, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and 2, Eul evidence No. 3-1, Eul evidence No. 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he was born at a family where he sublime B was sublime.

The father of the plaintiff was responsible for the position of president of the above religious belief, but the plaintiff, South Korea, should succeed to it, and if refused to do so, he was in the situation of sacrificeing as a product.

The plaintiff was refused to succeed to the president as a senior to the Mesia, and left Liberia.

The plaintiff shall stay in the Republic of Korea in order to guarantee the freedom of religion as a divesist of a divesist of a divesian and immediately die when returning to Korea.

Therefore, the defendant's disposition of this case, which was made on a different premise, is unlawful even though the plaintiff is a refugee suffering from persecution for religious reasons.

B. Determination 1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; Article 1 of the Convention Relating to the Status of Refugees; and Article 1 of the Protocol Relating to the Status of Refugees, the Defendant is deprived of race, religion, nationality, membership of a specific social group, or political opinion.

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