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, who is a foreigner of the Republic of Ghana, entered the Republic of Korea as a short-term visit (C-3) on September 15, 2015, and applied for refugee status to the Defendant on September 22, 2015.
B. On January 12, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).
C. On February 19, 2016, the Plaintiff filed an objection with the Minister of Justice on February 19, 2016, but the decision was rendered to dismiss the Plaintiff’s application on September 9, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. On July 17, 2015, the Plaintiff’s assertion submitted by the Plaintiff is threatening the Plaintiff by drinking food, etc., which the Plaintiff appeared to the Plaintiff in order to occupy the Plaintiff’s third villages and their mother’s property.
As such, the disposition of this case, which was taken on a different premise, is unlawful even though the Plaintiff was under an stuff in the country of nationality.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. (1) Determinations are recognized by comprehensively taking account of each description of evidence of Nos. 1 to 4 and the overall purport of arguments.