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(영문) 서울행정법원 2016.02.19 2015구단20827
난민불인정결정취소
Text

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 March 15, 2014, the Plaintiff entered the Republic of Ghana (hereinafter “A”) as a foreigner of nationality, and applied for refugee status to the Defendant on March 20, 2014 after entering the Republic of Korea for short-term visits (C-3).

B. On April 15, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be prejudicial to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 6, 2015, but the said objection was dismissed on September 24, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff graduated from Acra (Twire) Acra at around 2006 at the Twicra level, and became a senior fluorian and was engaged in missionary activities in Acho (Assanti) Acro (assant), a senior fluor of the mother.

B The village had a traditional religion that sublimes the balangu, but the plaintiff's outer village was the president of the religion in question.

The believerss of the plaintiff's external village and traditional religion selected the plaintiff as the next president around 2008, and the plaintiff's incidental motor vehicle will be concealed in the village as the plaintiff refused to do so.

A threat to death or death was made.

Ultimately, around October 2013, the Plaintiff was engaged in missionary activities at a church located in the Magale region away from the village where the risks of the above traditional religious believers were damaged.

Therefore, the instant disposition taken on a different premise is unlawful, even though the Plaintiff’s refusal to succeed to the position of the president of a traditional religion could be stuffed from the past of the external village and traditional religion on the ground that it refused to succeed to the position of the president of a traditional religion.

(b).

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