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(영문) 서울행정법원 2016.06.17 2016구단1656

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. The Plaintiff, a foreigner of the nationality of the Republic of Ghana, entered the Republic of Korea on September 22, 2003 and repeated departure and entry several occasions, and entered the Republic of Korea on a short-term visit (C-3) on December 17, 2014, and applied for refugee status to the Defendant on December 23, 2014.

B. On January 9, 2015, 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”).

C. On January 21, 2015, the Plaintiff filed an objection with the Minister of Justice on January 21, 2015, but the said objection was dismissed on September 24, 2015.

[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's 's 's 's 's 's 's 's 's '', the head of the 's 's 's 's 's 's 's '' village', the head of the 's 's 's 's 's 's 's 's '' village 's 's 's '

On September 2014, the village young people who received the death of village-based village-based village-based village-based were found at the time when the plaintiff remains in a high-speed village and threatened the plaintiff to leave the village, and the plaintiff was found again on November 2014, but the plaintiff escaped in advance.

The plaintiff reported the threat to the village center to the police station, and the police did not actually arrest the related persons after the case investigation.

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 despite the possibility of persecution for the above reasons.