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(영문) 서울행정법원 2016.12.15 2016구단61832
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 12, 2014, the Plaintiff filed an application for refugee status with the Defendant on April 30, 2014 while entering the Republic of Ghana (hereinafter referred to as “A”) and staying in the Republic of Korea for a short-term visit visa (C-3).

On December 18, 2015, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on January 26, 2016, but the said objection was dismissed on June 30, 2016.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s evidence 1 through 4, Eul’s evidence 1 and 2 is a sacrife to the Plaintiff, and the Plaintiff’s parents, who sacrife a deceased person, forced the Plaintiff to act in good faith, and threaten the Plaintiff.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in case the plaintiff returned to Ghana.

Judgment

If the above facts are added to the contents of evidence Nos. 3 and 4 and the purport of the whole pleadings, it is insufficient to view that the plaintiff has a well-founded fear of persecution to the plaintiff, taking into account the following circumstances, and there is no evidence to prove otherwise, the defendant's disposition of this case is legitimate.

The ground for refugee application asserted by the Plaintiff appears to be merely a religious conflict between family members rather than a religious reason, and it is difficult to view the allegation itself as a ground for refugee recognition under the Refugee Act. Ghana reaches 69% of the total population, and the freedom of religion is guaranteed under the Constitution and in substance, and thus, the Plaintiff is organized and organized from the noble actors.

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