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(영문) 서울행정법원 2019.10.15 2019구단11777
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts: (a) the Plaintiff’s nationality, or the Republic of Korea’s short-term stay status visit (C-3) on January 15, 2017, the date of applying for refugee status recognition (hereinafter “instant disposition”) (hereinafter “instant disposition”) on February 1, 2017: (b) the date of applying for refugee status recognition; (c) on October 31, 2018, the date of applying for refugee status recognition; (d) there is no dispute over the determination of rejection of the decision of May 23, 2018; (c) the fact that there is no ground for recognizing the notification of rejection of the decision of May 27, 2019, as of the date of applying for objection; (d) the statements in subparagraphs 1 through 3, 1 and 2, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was the Plaintiff’s natives, who was residing in the Catti area of Latho, but the Plaintiff lost grass as a conflict with the natives of the Catti area.

In around 2015, while the plaintiff-friendly Gu, who was working in the plaintiff's farm together with the plaintiff, was in the field owned by the plaintiff-friendly Gu, one of them was released from crops, and one of the plaintiff-friendly Gu, among the plaintiff, was killed by the plaintiff-friendly Gu, and escaped from the plaintiff-friendly Gu.

Therefore, the Catho Catty resident found in the plaintiff's house and died all of the lawsuits in the plaintiff's house.

For this reason, in the event that the Plaintiff returned to Ghana, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of murdering by the Catho Catti’s residents is unlawful.

B. (1) 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, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

The term "gambling", which is a requirement for recognition of refugee status, is in life, body or freedom.

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