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(영문) 서울행정법원 2019.09.25 2019구단63150
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 May 16, 2017, the Plaintiff, as a foreigner of the nationality of the Republic of Ghana (hereinafter “A”), entered the Republic of Korea as a short-term visit (C-3) sojourn status, and filed an application for recognition of refugee status (hereinafter “instant application”) with the Defendant on May 22, 2017.

B. On November 5, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on November 21, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap's evidence of subparagraphs 1 through 4, and Eul's evidence of subparagraphs 1 through 4, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was threatened by the plaintiff's family members on the ground that he/she moved in as a witness in Islamic bridge, and was threatened by the plaintiff's overall threat from the external third village.

Therefore, the disposition of this case, which was taken on different premise, is unlawful, even though the Plaintiff was injured for religious reasons in Ghana, which is a nationality state.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, “Refugee” means a foreigner who, owing to well-founded fear of being recognized as being detrimental to the protection of the country of nationality, is unable or does not want to be protected on the ground of race, religion, nationality, membership of a particular social group, or political opinion, or a non-national 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.

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