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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. On July 7, 2015, the Plaintiff, a foreigner of the Republic of Ghana (hereinafter “A”), who is a national of the Republic of Ghana, entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and filed an application for refugee status with the Defendant on July 10, 2015, prior to the expiration of the period of sojourn ( July 11, 2015).
B. On November 11, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Five persons, including the Plaintiff’s parents and siblings, are Islamic believerss.
Although the plaintiff was Islamic believers, the plaintiff was changed to the third state in January 2015.
The plaintiff is attending a church from the second week on August 2015, even after he/she had in Ghana for about seven months prior to the clerical error and had in Korea.
Therefore, when the plaintiff returned to Korea, the plaintiff is a refugee who is in danger of being injured on the grounds of his father and the punishment.
Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.
(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 nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected from such fear to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “or the country in which he/she resided”).