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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, a foreigner of the Republic of Ghana, entered the Republic of Korea as a short-term visit (C-3) on October 18, 2015, and applied for refugee status to the Defendant on October 23, 2015.
B. On January 29, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).
C. On April 1, 2016, the Plaintiff filed an objection with the Minister of Justice on April 1, 2016, but was rendered a final decision dismissing the Plaintiff’s application on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. All of the people in the village in which the plaintiff's assertion is residing are in a blood-related relationship, and the land in the village was jointly owned, but the plaintiff's addition was killed on the ground that they opposed to selling the land nine years before the plaintiff's addition, and the plaintiff was also constantly threatened.
As such, the disposition of this case, which was taken on a different premise, is unlawful even though the Plaintiff was under an stuff in the country of nationality.
(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) judgment;