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(영문) 서울행정법원 2016.09.23 2016구단58416
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 September 27, 2015, the Plaintiff, a foreigner of Liberian nationality, entered the Republic of Korea as a sojourn status for visa exemption (B-1) and stayed, and applied for refugee status to the Defendant on October 21, 2015.

B. On April 22, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under 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 1 through 3 (including virtual numbers), Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a chronology. The plaintiff is threatened with murdering a traditional religious shop (Zegegegegegegegegegegege) from the third village without sublime.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

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

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of the evidence Nos. 3 and 4 and the purport of the entire pleadings, it is insufficient to deem that the Plaintiff has a sufficiently-founded fear of persecution, even if all of the evidence and arguments submitted by the Plaintiff were considered, and evidence to acknowledge it otherwise.

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