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(영문) 서울행정법원 2015.09.25 2015구단7886
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 1, 2013, the Plaintiff filed an application for refugee status with the Defendant on April 15, 2014, when the period of stay expires ( September 29, 2013), while entering the Republic of Liberia (hereinafter referred to as “Liberia”) and staying in the Republic of Korea as a visa exemption (B-1) sojourn status on July 1, 2013.

B. On May 16, 2014, the Defendant rendered a disposition of non-recognition of 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 suffer 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 evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had crush moved from the high-speed village of the Republic of Korea in the Republic of Ireland to Thai Lloatia, and had engaged in transporting the vessel and the cargo at the port.

However, in the needing community of the plaintiff's father's high-speed village, it is believed that the residents believe a traditional religion that sublimes the believers, but when the plaintiff's father died, the plaintiff, who is son, was allowed to succeed to the private post, and the plaintiff was in his body for the succession to the private post.

However, the Plaintiff, a believers, was against religious faith and refused to succeed to a private position because it is illegal under the nationality law, which led to the death of the Plaintiff, who was a believers, was seriously killed by the residents of the village due to hacks, etc.

Before leaving Liberia, the Plaintiff was threatened with the death of the Plaintiff.

Therefore, in the event that the Plaintiff returned to Liberia, it constitutes a refugee who is likely to be killed on the ground of his status as a member of a religion and a specific social group, the instant disposition taken by the Defendant on a different premise.

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