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(영문) 서울행정법원 2017.03.17 2016구단66615
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts: (a) the Plaintiff’s nationality date of the Republic of Korea: (b) the date of the application for refugee status study (D-2) March 3, 2013; (c) the date of the application for refugee status recognition (hereinafter “instant disposition”); (d) January 14, 2016; (d) the date of the application for refugee status recognition; (b) the date of the decision of January 2, 2015; and (c) the date of the decision of January 14, 2016; (d) there is no dispute over the grounds for recognition of the decision of rejection of the decision of October 27, 2016; (d) the facts that the decision of October 27, 2016 was the date of the application for objection; (d) Party A’s evidence No. 1

2. Whether the instant disposition is lawful

A. On June 2012, the gist of the Plaintiff’s assertion is that the Plaintiff treated a community resident C’s sick disease in the native Village B in the Republic of Ghana (hereinafter “A”), located in the Republic of Ghana (hereinafter “A”) (hereinafter “B”).

Accordingly, C, according to the plaintiff, was changed from Islamic schools to Sasiology.

So, Islamic scholars of the above high-speed village threatened the plaintiff.

Although the plaintiff reported this to the police, he did not receive any assistance.

As such, the Plaintiff should be recognized as a refugee inasmuch as it is likely to cause harm to the life and body of the Plaintiff, if returned to Ghana.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize 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, due to such fear, cannot return to, or does not want to return to, the country of nationality before entering the Republic of Korea.” 2) The aforementioned evidence and the statement in the evidence No. 4 as well as the following facts or circumstances revealed by adding the whole purport of the pleadings to the statement in No. 4. 4. In full view of the foregoing, the Plaintiff is subject to persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.

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