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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 15, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on May 15, 2015 and stayed, and applied for refugee recognition to the Defendant on May 21, 2015.
B. On January 14, 2016, 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 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 Relating to the Status of Refugees.
[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has since 2008 operated and lived in the South Africa Republic, and on April 5, 2015, the Plaintiff’s death was caused by the Plaintiff’s death, and his family in Ghana threatened the Plaintiff’s death.
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) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. The phrase “gambling” which is a requirement for recognition of refugee status 1 is against life, body, or freedom.