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 December 4, 2015, the Plaintiff entered the Republic of Korea as a short-term general (C-3) qualification on December 4, 2015, and applied for refugee status to the Defendant on December 29, 2015.
B. On January 12, 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 on the Status of Refugees.
C. On February 18, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 9, 2016.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is that the Plaintiff’s female-friendly Gu pregnant the Plaintiff’s infant, died after taking her abortion, and the Plaintiff’s female-friendly Gu died due to the Plaintiff’s death, thereby threatening the Plaintiff to murder.
Therefore, in the event that the plaintiff returns to Ghana, there is a risk of being killed from the family members of the women's father-gu.
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 a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”