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(영문) 서울행정법원 2016.10.20 2016구단59631

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 Republic of Ghana, entered the Republic of Korea as a short-term visit (C-3) on December 17, 2015, and applied for refugee status to the Defendant on December 22, 2015.

B. On December 30, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On February 11, 2016, the Plaintiff filed an objection with the Minister of Justice on February 11, 2016, but was rendered a final decision dismissing the Plaintiff’s application on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion is physical threats, such as: (a) the Plaintiff, as satisfaction, was residing in the middle rink C of a nationality state; (b) the traditional religious street in the village that frands Saturdays appointed the Plaintiff as a next flag; and (c) the Plaintiff, a flag, refused it; and (d) the Plaintiff, a flag, was at prices of trees with lethal weapons.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. The term “refugee” means a foreigner who is unable or does not wish to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is not entitled or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “orthing country”) due to such fear;