(영문) 서울행정법원 2018.05.31 2018구단58731

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(영문) 서울행정법원 2018.05.31 2018구단58731

난민불인정결정취소

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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 20, 2016, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) status on September 20, 2016 and stayed, and applied for refugee status to the Defendant on October 10, 2016.

B. On May 30, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 27, 2017, but was dismissed on March 21, 2018, and the Plaintiff received a notice of dismissal decision on April 3, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted the Plaintiff’s assertion that the Plaintiff’s assertion of the Plaintiff had refused the Plaintiff’s request from Ghana to succeed to the status of the head of the family to the status of the head of the family, and was threatened with the head of the village.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a religion or a specific social group constitutes a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term “persecution” to be received by the foreigner.

참조조문

-난민법 제2조 제1호

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