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(영문) 서울행정법원 2017.01.26 2016구단64381
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. The Plaintiff entered the Republic of Korea as a foreigner of the Republic of Ghana and South Africa (B-2) on May 1, 2016, and applied for refugee recognition to the Defendant on May 23, 2016.

B. On June 7, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On July 6, 2016, the Plaintiff filed an objection with the Minister of Justice on July 6, 2016, but the decision was rendered to dismiss the Plaintiff’s application on October 27, 2016.

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

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion was born in Ghana, but on December 24, 2003, the plaintiff moved to the South African Republic while married with a male of the South African nationality, and on December 24, 2009, the plaintiff acquired the nationality of the South African Republic.

Since November 1, 2012, 2012, her husband went to separate from her husband due to violence, but continues to reside in the beauty room in the South Africa, and on March 25, 2015, on the beauty room operated by the Plaintiff, a foreign suspected victim killed her employee and caused her death.

In addition, the plaintiff's outer money was a serious shortage in the high-speed village of Ghana, and after the death of the outer money, the shortage sources require the plaintiff to succeed to the role of the mother of the shortage, and it is not possible to return to Ghana.

The disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an stuff in the country of nationality.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a refugee.

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