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(영문) 서울행정법원 2019.10.16 2019구단13421
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 June 13, 2017, the Plaintiff is a parent-child B of Liberian nationality in the Republic of Korea and is a foreigner of Liberian nationality.

B. On July 4, 2017, the Plaintiff filed an application for refugee status with the Defendant. On November 5, 2018, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that the Plaintiff would be subject to persecution” as a requirement for refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on December 10, 2018, but was dismissed on May 27, 2019.

[Reasons for Recognition] Unsatisfy, Entry B in the Evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the purport of the Plaintiff’s assertion does not specifically indicate the grounds for applying for refugee status in the complaint, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was organized based on the Plaintiff’s statement at the time of refugee interview. If the Plaintiff returned to Liberia, there is a possibility that the Plaintiff may suffer from a disease, such as a dynas and dynas, which may lead to only Liberia when he/she returned to Korea, and the level of medical treatment of Liberia is insufficient, and thus, the Plaintiff constitutes a refugee.

Therefore, the instant disposition taken on a different premise is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or due to such fear.

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