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(영문) 광주지방법원 2017.07.06 2017구단94
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On July 10, 2013, the Plaintiff, a foreigner of the nationality of the Republic of Ghana (hereinafter “A”), entered the Republic of Korea for a short-term visit (90 days of stay) on a short-term visit (90 days of stay) and filed an application for refugee status with the Seoul Immigration Office on July 10, 2013, and subsequently rejected, filed a request for refugee status again with the Defendant on May 30, 2016.

B. On June 3, 2016, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be subject to persecution, which is 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 filed an objection with the Minister of Justice on June 3, 2016, but was dismissed on October 27, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1 (including paper numbers), Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s leader, the Islamic believers of the Plaintiff’s assertion, forced the Plaintiff’s family members who are saccinists to open to Islamic intercourse and refused to comply with this, murdering the Plaintiff’s parent and the deceased’s property, and attempted to kill the Plaintiff. Therefore, there is sufficient concern that the Plaintiff would be imprisoned when returning to AB, and this is a reasonable fear. However, the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 4 and the purport of the entire pleadings, “a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered.

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