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(영문) 서울행정법원 2018.05.02 2018구단55794
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. The Plaintiff filed an application for refugee status with the Defendant on August 30, 2016, as a foreigner of the nationality of the Republic of Liberia (hereinafter “Liberia”).

B. On May 2, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff did not constitute a person with a sufficient well-founded fear that the Plaintiff would be injured.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on May 22, 2017, but the Minister of Justice dismissed the objection on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the Plaintiff’s assertion, B (hereinafter “B”) where the Plaintiff’s workplace had been the Plaintiff’s company in Liberia, entered into a contract with C community people living in the Plaintiff (hereinafter “villages”) on the condition that B constructed a bridge in the village and received “forest development right” in return, but B did not intend to construct a bridge from the beginning to the third party. In fact, B did not build a bridge where the forest was disposed of to a third party after concluding a contract.

After that, the plaintiff was subject to criticism and intimidation on the ground that the plaintiff was aware of the plaintiff's fraudulent plan to the village in B's sense of fraud.

In other words, on September 2015, villagers sent e-mail to the Plaintiff from September 2015 to September 15, 2015, and their wife sent e-mail to the Plaintiff more than 15 times.

In addition, the father of the plaintiff was missing on July 24, 2016, which is obviously the behavior of village people.

If the Plaintiff returned to Liberia, it may be threatened for the same reason from those in B and village.

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