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 May 6, 2008, the Plaintiff entered the Republic of Korea on May 6, 2008, and applied for refugee status to the Defendant on September 29, 2014.
B. On February 25, 2016, 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 April 11, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on October 27, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 7, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was residing in the North part of Ghana, and there was a fighting between the large inside part of A and the small inside part of AB, and the large inside part of AB, who was killed by the inside part of AB, and the large inside part of IB, was the one of the people who committed the small inside part of AB, and the Plaintiff’s father was killed.
큰 할아버지 집안 사람들은 모든 일을 원고가 꾸몄다고 오해하고 있어 원고도 살해당할 위험이 있다.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status, includes threats to life, body or freedom, thereby seriously infringing on the essential human dignity.