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(영문) 서울행정법원 2019.07.04 2019구단58400
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. The Plaintiff entered the Republic of Korea on November 16, 2016 with the status of stay B-1 (Visa exemption) as an alien of the nationality of the Republic of Ghana (the Republic of Korea Haiti, hereinafter “Korea”).

B. On January 16, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on August 30, 2018, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition on October 8, 2018, and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on April 10, 2019.

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

2. The assertion and judgment

A. The Plaintiff’s assertion made a loan of business funds from the punishment system around 2013, and the Plaintiff’s punishment system began to pose a threat to the Plaintiff’s family, as the Plaintiff’s submission failed to pay the funds properly.

On July 2016, the Plaintiff moved to the Republic of Dominic Republic (Dminic Republic), a neighboring country, and was living there. On October 2016, 2016, the Plaintiff’s attachment was caused by the Plaintiff’s death.

The plaintiff's sentence may threaten the plaintiff continuously. However, it is difficult to return as it is now, because the damage recovery work of the Heatian Corporation is ongoing, it is difficult for the plaintiff to return to Aatti.

Nevertheless, it is not possible.

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