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(영문) 서울행정법원 2016.05.20 2015구단22397
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, as a foreigner of Ghana’s nationality, repeated entry and departure from Korea over 17 times from June 21, 2007 to June 30, 2013 using the previous passport with the name prior to the opening of the name, repeated entry and departure from Korea on 17 occasions. After entering the Republic of Korea on December 19, 2013 by using another passport, the Plaintiff re-entry into the tourist transit (B-2) visa on January 4, 2015 after departure from Korea on January 31, 2014, and applied for refugee recognition to the Defendant on January 9, 2015.

B. On January 23, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On February 26, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Reasons for Recognition] Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was operating a company with the business funds, including the Plaintiff’s share of punishment, from his father’s home country. Around December 2014, the company was unable to refund the investment funds due to its bankruptcy, and the Plaintiff’s siblings threatened the Plaintiff’s death without paying the money.

In the event that the plaintiff returned to his home country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being stuffed from the punishment system for the above reasons.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The plaintiff.

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