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(영문) 광주지방법원 2017.08.10 2017구단629

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On March 25, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Ghana (hereinafter “A”), entered the Republic of Korea as a short-term general stay status (25 days during the period of stay) and filed an application for refugee status with the Defendant on April 7, 2015.

B. On April 27, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. On May 23, 2016, the Plaintiff filed an objection with the Minister of Justice on May 23, 2016, but was dismissed on February 24, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff, who had engaged in NGO activities at the Plaintiff’s argument, invited the human resources of neighboring countries for a peaceful and clean election-related project in 2014, and went to TBB, radio, newspaper articles, etc. The Plaintiff was threatened by telephone from the opposing party to the program to escape. Accordingly, there is sufficient concern that the Plaintiff would be subject to imminent fear in returning to Saturdays or Ghana, and the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and it is otherwise recognized.