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(영문) 서울행정법원 2016.09.09 2016구단17484
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 August 12, 2015, the Plaintiff, a foreigner of Liberian nationality, entered into the Republic of Korea as a sojourn status for visa exemption (B-1) and stayed, and applied for refugee status to the Defendant on August 26, 2015.

B. On December 15, 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 where there is a well-founded fear that the Plaintiff would be subject to persecution as a 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] Facts without dispute, Gap 1 through 4, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff slocks with female-friendly women who believe that slocks as slocks, and female-friendly women's house slocks against the plaintiff's religious ground. As a woman died during her childbirth, she threatens slocks with her own.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would suffer from gambling when the plaintiff returned to Liberia is high.

(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. “Lambling”, which is a requirement for recognition of refugee status 1, is significant for the fundamental human dignity, including threats to life, body or freedom.

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