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서울행정법원 2016.09.09 2016구단14829
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 June 9, 2014, the Plaintiff, an alien of the Republic of Ghana (hereinafter “A”), who is a national of the Republic of Ghana, entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and filed an application for refugee status with the Defendant on June 24, 2014, prior to the expiration of the period of sojourn ( July 9, 2014).

B. On October 30, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution” as prescribed by 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion Ghana attempted to kill the Plaintiff in order to have the Plaintiff’s third village deducted the Plaintiff’s father’s property.

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(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. In light of the following circumstances, which are acknowledged by comprehensively taking into account the descriptions of No. 1 B’s evidence No. 3 and the purport of the entire pleadings, the Plaintiff’s race, religion, nationality, and specific social group, even if all of the evidence and arguments submitted by the Plaintiff were considered.

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