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(영문) 서울행정법원 2017.07.14 2017구단58703
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, or the Republic of Korea’s short-term stay status visit (C-3) of September 26, 2008 on the date of entry into the Republic of Korea; (b) the date of application for refugee status recognition (hereinafter “instant disposition”); (c) November 6, 2015 on the date of application for refugee status recognition; (c) the date of November 23, 2014 on which the decision was made; (b) there is no dispute over the grounds for recognition of the decision of rejection of the decision of February 24, 2017; (c) the facts that there is no ground for recognition of the decision of rejection of the decision of the decision of February 24, 2015 on the date of application for objection; (d) the statements in subparagraphs 1 through 4, 1,

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Republic of Ghana (hereinafter “AB”).

Although the plaintiff was originally Muslim, the plaintiff was changed into Guslim in 2007.

The plaintiff's family members threatened the plaintiff.

Accordingly, the Plaintiff entered the Republic of Korea regardless of Ghana.

As such, the Plaintiff is likely to go back to Ghana, and thus, he/she should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a foreigner who does not want to be protected, or who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” 2) In full view of the aforementioned evidence and evidence as stated in Articles 3 and 4 as well as the following circumstances, which can be known in addition to the purport of the entire arguments in Articles 3 and 4, it is difficult to view that the Plaintiff “a well-founded fear on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” and there is no other evidence to acknowledge this.

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