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(영문) 서울행정법원 2016.06.24 2016구단8244
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 July 7, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on July 7, 2015 and stayed, and applied for refugee status to the Defendant on July 10, 2015.

B. On November 12, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under 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 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined Islamic schools as a parasian school and was stuffed from his family members. In particular, on February 19, 2014, the Plaintiff got enormous head from pro-Japanese village.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Ghana is highly likely to be harmful to gambling.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, Article 1 of the Protocol Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, foreigners who, owing to a well-founded fear of persecution for reasons 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, owing to such fear, are unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who does not want to return to the country of nationality, or who, owing to such fear, are recognized as refugee. The term “persecution” which is the requirement for the recognition of refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body

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