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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 12, 2014, the Plaintiff entered the Republic of Ghana (hereinafter “A”) as a foreigner of nationality, and applied for refugee status to the Defendant on October 28, 2014, after entering the Republic of Korea as a short-term visit (C-3) sojourn status.
On May 16, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).
On May 20, 2016, the Plaintiff received a notice of decision on non-recognition of refugee status and filed an objection with the Minister of Justice on June 17, 2016, but was dismissed on the same ground as of February 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings
2. Whether the disposition is legitimate or not is the Plaintiff’s origin from Akan Muskan, and both parents, siblings and family members are Muskan, and the Plaintiff was able to open to the Guskan.
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, do not want to be protected by the country of nationality, or who, owing to such fear, cannot return to the country of nationality or who had resided in the country of nationality before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of