beta
(영문) 서울행정법원 2017.02.14 2016구단32230

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. On July 4, 2015, the Plaintiff, a foreigner of the Republic of Ghana, entered the Republic of Korea as a short-term visit (C-3) and applied for refugee status to the Defendant on September 7, 2015.

B. On March 9, 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 referred to as the instant disposition).

C. On April 12, 2016, the Plaintiff filed an objection with the Minister of Justice on April 12, 2016, but rendered a final decision dismissing the Plaintiff’s application on October 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff went to the hospital because she was from her own city of Kumagu, Choma, Choma, on December 2014, 2014, a pregnant female-child Gu left the hospital. The Plaintiff’s family member killed for reasons that the cause of female-child Gu could not be known, and that female-child Gu’s family member, who became aware of such death, threatened the Plaintiff with confinement, etc. by mistake that the Plaintiff killed female-child Gu.

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 nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (hereinafter referred to as “or the country in which he/she resided”).