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(영문) 서울행정법원 2018.01.09 2017구단31890
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On November 19, 2016, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status as a foreigner of Liberian nationality, and applied for refugee status to the Defendant on January 16, 2017.

On August 31, 2017, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 4, 5, Eul's evidence Nos. 1, 2, 5, and Eul's evidence Nos. 1, 2, and 2, and the purport of the entire argument as to whether the disposition of this case is legitimate or not, after the plaintiff's father, who was the president of the village in which the plaintiff's claim was asserted, died on Oct. 11, 2016, the plaintiff was asked

Accordingly, the plaintiff assaults the plaintiff, and the plaintiff fleded the native village, and sent it from Montreal.

However, the high village council is still trying to kill the plaintiff.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, cannot return to the country in which they resided before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is a threat to life, body,

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