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 with a short-term visit (C-3) on April 26, 2016, and applied for refugee status to the Defendant on May 18, 2016.
B. On May 30, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff was a shot school. The plaintiff's senior village was the plaintiff's senior shot school, who tried to take the plaintiff's funeral ceremony on August 10, 2008, as a sacrifice, and the plaintiff was injured while escaping from this.
Therefore, the defendant's disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even if the plaintiff's return to Ghana is highly likely to be harmful to gambling.
(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. “persecution” which is a requirement for recognition of refugee status 1 refers to “an act causing serious infringement or discrimination on essential human dignity, including threats to life, body or freedom.”