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(영문) 서울행정법원 2016.11.11 2016구단21339
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 November 20, 2015, the Plaintiff entered the Republic of Ghana as a foreigner of the nationality of the Republic of Ghana (hereinafter “A”), and applied for refugee status to the Defendant on November 30, 2015 after entering the Republic of Korea for short-term visits (C-3).

B. On December 11, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On January 19, 2016, the Plaintiff filed an objection with the Minister of Justice on January 19, 2016, but the said objection was dismissed on June 30, 2016.

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

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was established and operated “C (hereinafter “C”) as a student organization in the highly advanced village B, 2009. As a result, from the highly advanced young people in the village, the Plaintiff was spawnd from the young people in the village B, and the young people in the existing family were spawnd to threaten the Plaintiff to murder by using young people who want to support the Plaintiff, and assaulted the Plaintiff.

Therefore, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff was likely to suffer from persecution for the above reasons is unlawful.

B. In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering Korea.

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