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(영문) 서울행정법원 2017.11.24 2017구단31074
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 28, 2013, the Plaintiff, a person of Liberian nationality, entered the Republic of Korea with his/her status of stay for Liberian training (D-4).

B. On July 1, 2014, the Plaintiff applied for the first refugee status to the Defendant. However, on November 24, 2015, the Defendant issued a first refugee non-recognition disposition against the Plaintiff (hereinafter “the first disposition”) on the ground that the Plaintiff cannot be deemed to have a “sufficient fear of persecution.”

On October 28, 2016, the Plaintiff filed a lawsuit seeking revocation of the first disposition as Seoul Administrative Court 2016Gudan16719, but the said court rendered a judgment dismissing the Plaintiff’s claim, and the said judgment became final and conclusive as it is.

C. Since January 5, 2017, the Plaintiff filed an application for recognition of the second refugee with the Defendant on January 5, 2017. The Defendant, on January 12, 2017, applied for recognition of the second refugee. The Plaintiff’s assertion to the Plaintiff on January 12, 2017, on the ground that 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 on the Status

D. On February 10, 2017, the Plaintiff filed an objection with the Minister of Justice on February 10, 2017, but the said objection was dismissed on the same ground as April 21, 2017. [The purport of each of the entries and arguments in the evidence No. 2, No. 3, No. 1, No. 1, No. 2, and No. 5 are as follows.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is against the church as a slock (or the plaintiff's slock that the slocks in the church, misunderstanding that the slocks in the church), and is threatened by the slocks.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1 The term “refugee” refers to persecutions on the grounds of race, religion, nationality, status as a member of a specific social group or political opinion.

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