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(영문) 서울행정법원 2017.02.15 2016구단65063

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 24, 2014, the Plaintiff entered the Republic of Ghana as a foreigner of the nationality of the Republic of Ghana (hereinafter “A”), and applied for refugee status to the Defendant on June 5, 2014 after entering the Republic of Korea for short-term visits (C-3).

B. On January 29, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff 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”).

C. On February 23, 2016, the Plaintiff filed an objection with the Minister of Justice on February 23, 2016, but the said objection was dismissed on September 9, 2016.

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

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was sleeped from Muslim to Muslim, and that the Plaintiff was sleeped from Muslim to Muslim, and that it was threatened by his father that the Plaintiff would offer the property of the house inherited from his father.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

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, a foreigner who, owing to well-founded fear of being injured on the grounds 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, does not return to or does not want to return to the country in which he had resided before entering the Republic of Korea.