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(영문) 서울행정법원 2016.11.03 2016구단20336
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, a foreigner of the Republic of Ghana, entered the Republic of Korea as a member of group tourism (C-3) on May 4, 2014, and applied for refugee status to the Defendant on May 8, 2014.

B. On January 12, 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 the instant disposition was taken under the following).

C. On February 5, 2016, the Plaintiff filed an objection with the Minister of Justice on February 5, 2016, but the decision was rendered to dismiss the Plaintiff’s application on June 30, 2016.

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

2. Determination on the legitimacy of the disposition

A. The plaintiff's plaintiff's assertion was living in B of the country of nationality and was responsible for village shortage, but the plaintiff succeeded to the deficient position due to the plaintiff's death, and the plaintiff tried to discontinue the existing bad behavior that was made in the name of indigenous religion as a stowing person.

Therefore, the village people thought that they would eliminate their religion, and boomed by assaulting the plaintiff with a gun, a knife, a steel class.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

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

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who does not wish to be protected, or by such fear, before entering Korea.

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