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(영문) 서울행정법원 2018.10.24 2018구단67629
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 15, 2017, the Plaintiff entered and stayed in the Republic of Korea with a short-term visit (C-3) sojourn status as a foreigner of the Republic of Ghana (hereinafter “A”), and applied for refugee status to the Defendant on February 10, 2017.

B. On April 26, 2018, 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/she will 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”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s family member, including the Plaintiff’s assertion, is a chronology.

However, in around 2015, the father of the Plaintiff changed to Islamic school, and forced other family members to repent into Islamic school from October 2016.

On October 2016, the plaintiff's father threatened the plaintiff with murdering around October 2016, and around November 2016, the plaintiff's father was faced with a crisis from the Muslim that he received the death of his father.

Therefore, inasmuch as there exists a well-founded fear that the Plaintiff would be detrimental to stuffing for religious reasons, the instant disposition taken on a different premise is unlawful.

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 well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering Korea.

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