beta
(영문) 서울행정법원 2017.06.29 2017구단56578

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 7, 2015, the Plaintiff entered the Republic of Ghana (hereinafter referred to as “A”) as a foreigner of nationality, and applied for refugee status to the Defendant on July 14, 2015, after entering the Republic of Korea as a short-term visit (C-3) sojourn status.

On February 25, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On March 17, 2016, the Plaintiff received a notice of decision on non-recognition of refugee status and filed an objection with the Minister of Justice on March 28, 2016, but was dismissed on the same ground as on December 22, 2016.

On January 10, 2017, the Plaintiff received a notice of decision to dismiss an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is legitimate or not, the Plaintiff’s father was the Do governor, and the Plaintiff’s father was the Do governor, and the Plaintiff’s father was the Islamic school. The Plaintiff’s father was the Plaintiff’s father, who caused an accident in the Plaintiff’s automobile or the Plaintiff’s total culture was threatened.

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 former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of being injured for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.