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(영문) 서울행정법원 2020.02.12 2020구단50976
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 entered the Republic of Korea for short-term study (D-2) on June 27, 2017, and applied for refugee status to the Defendant on July 6, 2017.

B. On October 31, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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.

C. Accordingly, the Plaintiff filed an objection with the Minister of Justice on December 14, 2018, but was dismissed on May 27, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s wife did not reach the age of 14 and the Plaintiff’s female coupled with the father’s senior citizens, but the Plaintiff opposed to this.

After that, the plaintiff's female son who was forced to make a divorce has argued that the plaintiff's son's son's son's son's son's son's son's son's son's son's son's homicide

Therefore, since there exists a well-founded fear that the Plaintiff would be subject to gambling when he returns home due to Ghana, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.

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