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(영문) 서울행정법원 2019.10.18 2019구단9996
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. The Plaintiff was a foreigner of Liberia nationality, and was born in the Republic of Korea C.

B. The Plaintiff’s mother B entered the Republic of Korea on June 26, 2018, and applied for refugee status to the Defendant on July 23, 2018, and the Plaintiff applied for refugee status to the Defendant on May 9, 2019.

C. On May 28, 2019, with respect to the Plaintiff and the Plaintiff’s mother B, the Defendant rendered a decision on the refusal of refugee status on the ground that each of their arguments would be subject to persecution stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) on the Status of Refugees.

(hereinafter referred to as “instant disposition”). 【No dispute exists on the basis of recognition of refugee status against the Plaintiff (hereinafter referred to as “instant disposition”), Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff cannot receive good education when returning to his own country, and there is no place of economic assistance.

The plaintiff shall be subsidized for living expenses in the Republic of Korea.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked because it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice, upon application, shall be a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or does not want to return to, a country of nationality that had resided in the Republic of Korea before entering the Republic of Korea.

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