logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.03.09 2016구단64794
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 May 8, 2015, the Plaintiff, a foreigner of the Republic of Ghana (hereinafter referred to as “A”), who is a national of the Republic of Ghana, entered the Republic of Korea with tourism and Tong (B-2) sojourn status on May 8, 2015, and filed an application for refugee status with the Defendant on May 28, 2015.

B. On January 22, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 3, 2016, but was dismissed on September 9, 2016, and the Plaintiff received a notice of dismissal decision on November 17, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the deceased of the Korean War. After the Plaintiff’s death of his father, the father, who is the head of a village with traditional religion, refused the Plaintiff’s demand to succeed to the Plaintiff’s friendship and the deficient people’s status, and was threatened by the Plaintiff’s relatives and the deficient people.

Therefore, even though the Plaintiff’s disposition constituted a refugee suffering from persecution on the ground of social status, which is a member of a religion or a specific group, is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice does not have the right to protection of the country of nationality or want the protection of the country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion.

arrow