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(영문) 서울행정법원 2017.11.16 2017구단30224
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 November 19, 2016, the Plaintiff, a foreigner of Liberian nationality, entered the Republic of Korea as a sojourn status for visa exemption (B-1) and stayed, and applied for refugee status to the Defendant on January 24, 2017.

B. On May 22, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “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 requirement of refugee under Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, and received a notice of decision to recognize refugee status on July 4, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was a threat that the owner of the land, who sold the land to the plaintiff's father, was unable to gather or die without additional payment of the money, and the width of the former owner of the land sent by the former owner of the land, when he collected the land to the plaintiff's father in Liberia, and was threatened with murder.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner is called life.

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