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(영문) 서울행정법원 2018.09.19 2018구단60215
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 8, 2016, the Plaintiff entered the Republic of Korea with the status of stay B-1 (Visa exemption) as a foreigner of Liberian nationality, and applied for refugee recognition to the Defendant on December 2, 2016.

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 May 31, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on December 7, 2017.

[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 gist of the Plaintiff’s assertion was around December 15, 2015 that the Plaintiff visited the Plaintiff’s high-speed village, and that village was called “B”.

The plaintiff, however, was aware of the fact that the high village people live in his dog, and died of 3 marith in his dog.

After that, the plaintiff has been constantly threatened with murder from the high-speed village residents due to this day, and continued to conceal it.

Therefore, if the plaintiff returns home to Liberia, there exists a well-founded fear that the plaintiff would be subject to gambling by high-ranking village residents, and if the concept of "the status as a member of a specific social group" is broadly interpreted, the plaintiff can be deemed to fall under it. Thus, the disposition of this case which did not recognize the plaintiff as a refugee on a different premise is unlawful.

B. 1 The term “refugee” is a well-founded fear to recognize that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a specific social group, or political opinion.

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