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(영문) 서울행정법원 2016.02.26 2015구단18121
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, a foreigner of the nationality of the Republic of Liberia (hereinafter “Liberia”), filed an application for refugee status with the Defendant on October 2, 2013, which was prior to the expiration of the period of stay ( October 6, 2013), when entering and staying in the Republic of Korea for visa exemption (B-1) status on July 8, 2013.

B. On September 15, 2014, the Defendant rendered a decision to deny 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 be subject to persecution” as prescribed by 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a member of the Poro et al. organization, both of which are slocks, and his father and sibling, and which is a member of the Poro et al. organization, which serves as a human or animal.

The father of the plaintiff had been organized several times on the ground that the plaintiff had a church.

In particular, the Plaintiff’s father mobilized the members of the above organization around 2008 as executive members of the above organization with significant influence in Liberia, and severely sought the Plaintiff.

The plaintiff was stuffed by the plaintiff's family members and members of the above organization for not complying with the above organization's culture and awareness.

Therefore, the plaintiff constitutes a refugee with sufficient probability to be injured by religion when returning to Korea.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1."Refugees" means the country of nationality due to well-founded fears recognizing that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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