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(영문) 서울행정법원 2018.05.17 2018구단1124
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. The Plaintiff entered the Republic of Korea on December 27, 2014 with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Ghana (the Republic of Korea).

B. On January 15, 2015, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on April 10, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On May 2, 2017, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as October 11, 2017.

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

2. The assertion and judgment

A. The Plaintiff asserted that he was a witness at the home around January 10, 2014, who was sexual intercourse B with the same-sex, and was assaulted by the father who became aware of the fact.

Inasmuch as the Plaintiff’s nationality is not well-known in Ghana, it is likely to pose a threat to life or physical freedom on the ground that the Plaintiff is a same-sex, if he/she returns to his/her own country.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall either race, religion, nationality, membership of a particular social group or politically.

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