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(영문) 서울행정법원 2019.07.11 2019구단59717
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 July 7, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) status on July 7, 2015, and applied for refugee status to the Defendant on February 21, 2017.

B. On July 16, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on August 22, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was Muslim, but around 2009, the Plaintiff became aware of the flusium through the company’s flusium, and began to the flusium around 2010.

The plaintiff's family and family members threatened the plaintiff to go back to Islamic intercourse, and on March 6, 2015, the plaintiff's siblings assaulted the plaintiff, and the surrounding Muslim attacked the plaintiff.

In addition, at the time when the plaintiff was Muslim, the plaintiff attacked slinists, and thereafter, the slinists continued to find multiple slinists in the plaintiff's house.

In the event that the Plaintiff returned to Ghana may be stuffed from the slives and slives, including the Plaintiff’s family members, and thus, it constitutes a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized as being a member of a religion or a specific social group, and thus, the instant disposition made on a different premise is unlawful.

B. Determination 1 'Refugee’ refers to race, religion, nationality, status as a member of a specific social group, or political.

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