beta
(영문) 서울행정법원 2016.04.28 2016구단2512

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On July 14, 2015, the Plaintiff filed an application for refugee status with the Defendant on August 6, 2015, while entering the Republic of Ghana (B-2, and 30 days of sojourn) and staying in the Republic of Korea.

On August 20, 2015, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on August 26, 2015, but the said objection was dismissed on the same ground as December 14, 2015.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s 1 through 4 and Eul’s 1 through 3 was brought to the Islamic Republic of Korea on June 10, 2015, and then returned to Islamic Republic of Korea from his family.

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.

Judgment

If the above facts are added to the contents of evidence Nos. 4 and 5 and the purport of the whole pleadings, it is not sufficient to view that the plaintiff has a well-founded fear of persecution, taking into account the following circumstances, and there is no evidence to prove otherwise, the defendant's disposition of this case is legitimate.

The Plaintiff’s assertion that the Plaintiff, after attending one time to a church, moved to a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of a arche of the Republic of Korea and A

참조조문