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(영문) 서울행정법원 2015.04.30 2014구합21714

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 March 31, 2012, the Plaintiff entered the Republic of Korea on March 31, 2012, and applied for refugee status to the Defendant on June 27, 2012.

B. On January 22, 2014, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that 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.

(hereinafter “instant disposition”). C.

On February 20, 2014, the Plaintiff filed an objection with the Minister of Justice on February 20, 2014, but the said objection was dismissed on September 30, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including virtual numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was urged by his father, who was a member of the "Poro", Negee, etc. (hereinafter "the organization of this case"), to join the above organization, but it continued to be refused on the ground that the plaintiff's father and the members of the above organization were the former. At that time, the plaintiff's father and the members were threatened several times.

From around 2004, the Plaintiff visited Liberia in order to spread her mother who is living in Ghana, and was assaulted by the Plaintiff’s father and its members around 2006, and was subject to the Plaintiff’s father’s intimidation several calls from his father.

Therefore, when the plaintiff returns home to Liberia, he/she is a refugee because he/she is in danger of persecution from his/her father and his/her members for religious reasons.

(b) as shown in the attached Form of the relevant statutes;

(c) know that the judgment is obtained by adding the whole purport of the pleadings to each description of evidence Nos. 3 through 5.