logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.05.02 2018구단56988
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 December 15, 2016, as a foreigner of the nationality of the Republic of Liberia (hereinafter “Liberia”).

B. On April 25, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a sufficient well-founded fear that the Plaintiff would be injured by gambling.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on June 26, 2017, but the Minister of Justice dismissed the objection on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was entered into the Islamic Republic of Korea in February 2015, and Liberia’s law stipulates that the Plaintiff’s family members, who are Islamic believers, reported the Plaintiff to the police on the ground of the above opening of the opening of the opening of the stay. The Plaintiff’s family members, who were Islamic believers, received non-human treatment, such as eating the Plaintiff only once a day at the place of detention, and not being provided with toilets separately.

If the plaintiff returned to Liberia, it is clear that the plaintiff's family member will be stuffed on the ground of the dogmatic species. Therefore, the plaintiff should be recognized as a refugee.

B. A foreigner who files an application for recognition of refugee status 1 must prove that there is “a sufficient well-founded fear of fear” that constitutes a requirement for recognition of refugee status.

At this time, in light of the special circumstances of the foreigner, the foreigner cannot be required to prove the entire alleged facts based on objective evidence, but in order to be recognized as a refugee, the foreigner is at least consistent and persuasive in his/her statement, and the route of entry, the period from entry to refugee application after entry, the background of refugee application, the situation of the country of nationality and subjectively.

arrow