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(영문) 서울행정법원 2016.11.25 2016구단62361
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 July 7, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on July 7, 2015 and stayed, and applied for refugee status to the Defendant on July 14, 2015.

B. On January 6, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap 1 through 4 (including virtual numbers), Eul 1 through 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was published that the plaintiff was changed from Islamic school to Sasiology, and the plaintiff, South Korea, who was the head of the division, will be able to keep the legacy entirely.

The plaintiff's dual-type system forced the plaintiff to open to the contrary against the plaintiff's inheritance of all the properties of Islamic religion, and forced the plaintiff to open to the plaintiff. The plaintiff refused to do so.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Ghana is highly likely to be harmful to gambling.

(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) a requirement for recognition of refugee status 1.

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