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(영문) 서울행정법원 2016.09.09 2016구단16023
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 September 26, 2008, the Plaintiff filed an application for refugee status with the Defendant on August 31, 2015, which was after the expiration of the period of stay ( October 8, 2008), when entering the Republic of Ghana for a short-term visit (C-3) sojourn (C-3) and staying in the Republic of Korea.

B. On September 10, 2015, the Defendant rendered a decision to deny 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” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the Plaintiff’s assertion AB, the Plaintiff, who was a slicker, was at the time when the Plaintiff’s family members did not recognize it and made intimidation that the Plaintiff would die without recognizing it.

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The evidence submitted by the Plaintiff in light of the following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 4 and the purport of the entire pleadings.

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