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(영문) 서울행정법원 2017.01.20 2016구단26389
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 January 8, 2015, the Plaintiff entered the Republic of Ghana with a short-term visit (C-3) status as a foreigner of the nationality of the Republic of Ghana (hereinafter “A”), and filed an application for refugee status with the Defendant on January 14, 2015 after entering the Republic of Korea.

B. On January 7, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On February 23, 2016, the Plaintiff filed an objection with the Minister of Justice on February 23, 2016, but the said objection was dismissed on September 9, 2016.

[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is receiving a threat of murder from the plaintiff's family members and relatives on the ground that he/she was married to the Islamic family by Thaia while he/she was married to the Republic of Korea.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, cannot return to the country of nationality or who had resided in the Republic of Korea before entering the Republic of Korea, or who did not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is a requirement for recognition of refugee.

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