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(영문) 서울행정법원 2018.08.23 2018구단11282
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 17, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Liberia (hereinafter “Liberia”) of the Republic of Liberia (hereinafter “Liberia”).

B. On July 31, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on August 4, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On September 20, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was the Plaintiff’s origin from LOFa region, and rejected the Plaintiff’s request for accession from LOFy’s “B” region, and died upon receipt of the lower share of “B” around 2004.

The "B" has a tendency to cultivate human body in the city-alley village by cultivating human body and eating human body.

The plaintiff was requested to join the ‘B' but rejected it, and then continued to be threatened with the ‘B' through the owner of the stock.

If the plaintiff returns to Liberia, one of its home countries, there is a risk of threat to life or physical freedom from B.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Determination 1.

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