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(영문) 서울행정법원 2016.11.25 2016구단27047
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 March 31, 2015, the Plaintiff, as a foreign woman of Ghana’s nationality, entered and staying in the Republic of Korea for a short-term visit (C-3) status on a short-term basis, and filed an application for refugee status with the Defendant on May 13, 2015.

B. On January 28, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) 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 Relating to the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a friend who is a friend, and as well as a male-child who promised to marry, the plaintiff's friend caused the plaintiff's her husband's permission for marriage to the plaintiff's friend.

When the plaintiff refused this, the plaintiff's father and male-gu forced the plaintiff to continuously do so, and when the plaintiff refuses it, he threatened the plaintiff to kill the plaintiff.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Ghana is highly likely to be harmful to gambling.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner 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 (hereinafter referred to as "state of his/her nationality");

C. Recognizing refugee status 1.

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