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(영문) 광주지방법원 2017.07.13 2017구단476
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On May 23, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Ghana (hereinafter “A”), entered the Republic of Korea as a short-term general stay status (13 days of stay period) and filed an application for refugee status with the Defendant on September 18, 2015.

B. On July 28, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. On August 22, 2016, the Plaintiff filed an objection with the Minister of Justice on August 22, 2016, but was dismissed on February 24, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the Plaintiff’s father, the Plaintiff’s father, who was the Plaintiff’s assertion slife museum, died, the Plaintiff’s father wanted to succeed to the status of the Plaintiff but refused to do so, thereby making the Plaintiff escape. Therefore, there is sufficient concern about gambling in case of return to the Republic of Korea, and it is a reasonable fear. However, the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

(1) The details of the Plaintiff’s statement on his/her gambling and fear that was conducted in an interview and investigation are very vague.

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