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(영문) 서울행정법원 2017.09.13 2017구단8579
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 May 14, 2016, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status as an alien of Liberian nationality, and applied for refugee recognition to the Defendant on June 17, 2016.

B. On July 18, 2016, 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. The Plaintiff appealed and filed an objection with the Minister of Justice on August 17, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff was a senior to the Korean War, and the Plaintiff’s husband and the Plaintiff refused to succeed to the status of an employee of a confidential organization that was held by the Plaintiff’s husband and the Plaintiff.

Therefore, if the plaintiff returned to Liberia, it shall be deemed that there is a risk of persecution, and the disposition of this case, which did not recognize the plaintiff as a refugee, shall be deemed 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 who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.

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