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(영문) 서울행정법원 2018.11.28 2018구단70267
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 January 14, 2017, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status as a foreigner of Liberian nationality, and applied for refugee recognition to the Defendant on March 27, 2017.

B. On May 18, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On June 14, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s summary of the Plaintiff’s assertion was the second order leader of “B” local group in Liberia (hereinafter “instant local group”). After the Plaintiff died in 201, the Plaintiff demanded that the instant local group succeed to the Plaintiff’s position.

However, upon the plaintiff's refusal, the members of the local group of this case are threatening by searching for the plaintiff, assaulting the plaintiff, threatening to kill the plaintiff.

Therefore, since there exists a well-founded fear that the Plaintiff would be subject to gambling from the members of the instant local group, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.

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