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(영문) 서울행정법원 2018.07.04 2018구단59918
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 October 15, 2015, the Plaintiff filed an application for recognition of refugee status (hereinafter referred to as “application for recognition of refugee status”) with the Defendant on November 30, 2015, which was prior to the expiration of the period of stay ( January 13, 2016), on the ground that the Plaintiff was a foreigner of the Republic of Ghana (hereinafter referred to as “A”), who entered the Republic of Ghana and stays in the Republic of Korea for a short-term employment (C-4) sojourn (C-4).

B. On December 10, 2015, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff cannot be recognized as “a sufficiently-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. Accordingly, the Plaintiff filed a lawsuit seeking the revocation of the foregoing refugee non-recognition disposition (Seoul Administrative Court 2016Gudan61016), but on November 30, 2016, the judgment was rendered to dismiss the Plaintiff’s claim and the judgment was rendered on November 30, 2016 (Seoul High Court 2016Nu82968) and the final appeal was final and conclusive on June 27, 2017 (Supreme Court 2017Du41597).

On September 15, 2017, the Plaintiff filed an application for refugee status again with the Defendant on the same ground as the previous application for refugee status. On October 11, 2017, the Defendant rendered a disposition for refugee status refusal (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as “a well-founded fear that he/she will suffer from 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 November 6, 2017, but was dismissed on March 21, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion rejected Ghana’s Republic of Korea, and became a senior citizen since 2012.

Plaintiff, the president of B.

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