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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on June 16, 2013 as a foreigner of Ghana or nationality, and applied for refugee recognition to the Defendant on May 13, 2014.
B. On July 23, 2015, 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 August 5, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 14, 2015.
[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 5 (including paper numbers), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On December 201, the Plaintiff asserted that the Plaintiff was sleeped as a sleep, and the name was opened as a sleep. Since then, the Plaintiff was threatened with murder several times from the slive family members.
If the plaintiff returned to Ghana, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might be harmed by reason of religion.
B. (1) 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 in the Republic of Korea who are unable to be protected or do not want to be protected in the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”