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 June 30, 2015, the Plaintiff filed an application for refugee status with the Defendant on July 22, 2015, while entering the Republic of Ghana (hereinafter “A”) and staying in the Republic of Korea as a short-term visit (C-3) sojourn status on June 30, 2015.
B. On July 28, 2016, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) 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.
C. On August 15, 2016, the Plaintiff filed an objection with the Minister of Justice on August 15, 2016, but the decision was rendered to dismiss the Plaintiff’s application on February 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
가. 원고 주장의 요지 원고의 시부(媤父)는 가나 지역의 부족장이었는데, 원고의 시부가 사망하여 원고의 남편이 부족장의 지위 및 그 재산을 상속하게 되자 그 재산에 욕심을 낸 남편의 친척들이 남편을 위협하였으며, 남편의 소재가 불분명하게 되자 위 친척들이 원고를 협박하며 남편의 소재를 추궁하는 등 위협을 가하고 있다.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in case the plaintiff returned to Ghana.
B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The reason for the death of the plaintiff is that of the plaintiff's husband with respect to the inheritance of the property of the plaintiff's husband.