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(영문) 서울행정법원 2016.09.29 2016구단12236

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 September 16, 2015, the Plaintiff entered the Republic of Korea as a foreigner of Ghana’s nationality as a general beneficiary (C-3). On October 2, 2015, the Plaintiff applied for refugee status to the Defendant.

B. On March 2, 2016, 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 of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

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

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion died on August 10, 2015, and upon the Plaintiff’s inheritance of land, etc. from the Plaintiff’s husband, the Plaintiff assaulted the Plaintiff and pit the Plaintiff to take away the property inherited by the Plaintiff.

As such, the disposition of this case taken on a different premise is unlawful, even though the Plaintiff is under a state of nationality for reasons of being a member of a special social group.

(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 want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. (1) In light of the following circumstances recognized by comprehensively taking into account (1) the descriptions of evidence Nos. 1 to 4 and the purport of the entire pleadings: