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. On October 19, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on October 19, 2017, and applied for refugee status to the Defendant on October 31, 2017.
B. On April 26, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on May 10, 2019, but the Minister of Justice dismissed the objection on October 18, 2019.
On January 2, 2020, the Plaintiff received a notice of dismissal of the above objection, and filed the instant lawsuit on March 9, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion threatened the Plaintiff’s family members who are having a same-sex relationship with his/her family to murdering the Plaintiff. After that, the Plaintiff’s family members sent male and female-child relationship to threaten the Plaintiff and female-child relationship, and the Plaintiff was killed of the Plaintiff’s female-child relationship, and the Plaintiff escaped from his/her threat.
If the plaintiff returns back to Ghana, the plaintiff should be recognized as a refugee.
B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by a State of nationality due to well-founded fear of being aware that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, could not return to, or does not want to return to, a State in which he/she resided before entering the Republic of Korea.