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(영문) 서울행정법원 2016.09.30 2016구단15136
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 November 16, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa as a foreigner of Ghana or nationality, and applied for refugee status to the Defendant on December 3, 2014.

B. On October 19, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would 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”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 10, 2015, but was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion was the head of the local line that believed the Republic of Korea’s Republic of Korea’s Republic of Korea.

The plaintiff's dual-presidential system was sacrific in the human form of the above local body, and the plaintiff was also classified as a sacrific product and was at the risk of being killed, thereby leaving his country of origin.

If the plaintiff returned to Ghana, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution from the above grade is unlawful.

B. (1) 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 in the Republic of Korea who are unable to be protected by the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body or freedom.

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