beta
(영문) 서울행정법원 2020.01.30 2019구단18228

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. The Plaintiff entered the Republic of Korea on September 15, 2015 with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Ghana (the Republic of Korea).

B. On November 29, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on January 31, 2019, issued a disposition to recognize refugee non-recognition (hereinafter “instant disposition”) on the ground that it is difficult to recognize “profuges that have sufficient grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Refugee Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition on February 8, 2019, and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as October 18, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff's her 's her 's 's 's 's 's 's '' inherited heritage while the plaintiff's 's 's 's 's 's 's '

In the event that the plaintiff returns to Ghana, it is still likely to pose a threat to the freedom of life or physical freedom from the punishment of the plaintiff's reference for this reason.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that the protection of a State of nationality shall be granted due to well-founded fear of recognizing that a person may be disadvantaged on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.