난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on August 16, 2014 as a foreigner of Ghana or nationality, and applied for refugee status to the Defendant on January 14, 2015.
B. On January 21, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On February 27, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father’s assertion asked B, who was killed in 1997, to leave his/her property and care for the family. However, B, after the Plaintiff’s mother’s death, he/she did not look at the Plaintiff’s family members including the Plaintiff, and attempted to recover his/her father’s property, and threatened the Plaintiff with murdering even if he/she did not leave his/her will.
If the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.
(b) as shown in the attached Form of the relevant statutes;
C. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his/her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The reason for gambling alleged by the plaintiff is a threat of murder from a small father who intends to account for the father's miscarriage.