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(영문) 서울행정법원 2019.02.15 2018구단19293
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) on February 11, 2016, the date of the disposition: short-term stay visit (C-3) of the date of entry into the Republic of Korea of the Republic of Korea; (b) on March 7, 2016, the date of the application for refugee status recognition (hereinafter “instant disposition”); (c) on September 4, 2017, the date of the application for refugee status recognition; (c) on September 4, 2017, the date of the decision of the court of the decision of September 12, 2017; (b) there is no dispute over the grounds for recognition of the decision of rejection of the decision of the decision of June 12, 2018; (c) Party A’s evidence Nos. 1, 2, 1, and 2; and

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Republic of Ghana (hereinafter referred to as "A") and his/her relatives.

The plaintiff was employed as a cleaning book at the deficient place house.

After the death of the shortfall, his wife requested the plaintiff to enter into a sex relationship, but the plaintiff rejected it.

The wife of the shortage reported to the police that "the plaintiff had raped himself/herself," and the plaintiff was prosecuted for false suspicion that the plaintiff raped his/her wife.

Since then, the plaintiff has been in the Republic of Korea since he left Ghana.

The plaintiff should be recognized as a refugee because he/she is punished if he/she returns to Ghana, or is likely to kill by his/her finding of a shortage.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any foreigner who is unable 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 particular social group, or political opinion, or who is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) When comprehensively considering the evidence and evidence set forth in subparagraph 3 as well as the evidence set forth in subparagraph 1 as well as the following circumstances revealed by adding the purport of the entire pleadings to the statement in subparagraph 3, the Plaintiff’s race, religion, nationality, and specification.

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