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 August 6, 2015, the Plaintiff entered the Republic of Korea with the status of stay abroad (D-2) on August 6, 2015, and applied for refugee status to the Defendant on July 20, 2017.
B. On August 7, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of whole pleadings
2. Whether the disposition is lawful;
A. The gist of the plaintiff's assertion is that the plaintiff is a paradin, and is forced to succeed to satisfaction from the village people.
Therefore, if the plaintiff returned to Ghana, it shall be deemed that there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff as a refugee should be deemed 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 who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality. The term “persecution” which is the requirement for recognition of refugee refers to “any threat to life, body or freedom, as well as any act causing serious infringement or discrimination on the essential dignity of human beings,” and such a foreigner who files an application for recognition of refugee.