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(영문) 광주지방법원 2019.03.14 2018구단1728
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 October 13, 2016, the Plaintiff, a foreigner of the nationality of the Republic of Ghana (hereinafter referred to as “AB”), entered the Republic of Ghana as a sojourn status for short-term visits (C-3 and 30 days of sojourn) and applied for refugee status to the Defendant on November 10, 2016.

B. On November 27, 2017, 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, which is 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. On December 29, 2017, the Plaintiff filed an objection with the Minister of Justice on December 29, 2017, but was dismissed on September 3, 2018.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's father, who was Muslim, demanded the plaintiff that the plaintiff, who was the father of Muslim, re-suslimed as Muslim, but the plaintiff did not comply with this request, and thus, he attempted to kill the plaintiff. Thus, there is sufficient concern about gambling in case of returning home to AB and it is a reasonable fear, but the disposition of this case which did not recognize it on a different premise is unlawful

(b) The attached Form of relevant statutes is as follows.

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 2 and 3 as well as the overall purport of the 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 In addition to the statement of the Plaintiff, the Plaintiff is still informed of the fact that the Plaintiff did not present evidence to prove his/her own assertion.

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