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(영문) 서울행정법원 2017.09.14 2017구단21336
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff entered the Republic of Korea on July 7, 2016, with the nationality of the Republic of Liberia (hereinafter referred to as “Liberia”), as a foreigner of the Republic of Liberia (hereinafter referred to as “L-1”).

On July 7, 2016, the Plaintiff filed an application for refugee status with the Defendant. On October 31, 2016, the Defendant rendered a disposition for refugee status refusal (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee”).

The Plaintiff filed an objection with the Minister of Justice on November 14, 2016, but was dismissed on February 24, 2017.

On April 18, 2017, the Plaintiff received a notice of decision to dismiss an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that, after the mother, who was the president of Liberia’s traditional confidential organization Sande society, was deceased, the Plaintiff rejected the proposal to succeed to the president on behalf of the mother, and it was difficult and difficult without any justifiable reason to receive African attack from members of the society.

The president is threatened to succeed to the president.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.

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