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(영문) 인천지방법원 2020.10.13 2020구단1572
난민불인정처분취소
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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Entry: A - Entry: October 10, 2015 (Status of Sojourn: D-4) - Application for recognition of refugee status: January 16, 2017

Defendant’s decision to recognize refugee status as of June 25, 2019 (hereinafter “instant disposition”): The ground does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. Plaintiff’s filing of objection - The Minister of Justice’s filing of objection on August 13, 2019 – the dismissal decision on December 23, 2019 [Grounds for recognition] Gap’s 1 through 3, Eul’s 1 through 4, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion is likely to be threatened with his family from the person threatening the plaintiff's referral as follows. Thus, the plaintiff's assertion is likely to be harmful to his family, and it constitutes a reasonable fear.

Therefore, the instant disposition is unlawful.

① Around July 2015, the Plaintiff was threatened with three times from the daily allowances of B and its six people, etc. that found the whereabouts of the Plaintiff and his/her her her garment at Ghana’s height.

② Around 2014, the Plaintiff referred to the Republic of Korea for university admission according to the Republic of Korea or nationality C.

C was discovered that the use of a forged passport was discovered, and as a result, forced departure from the Republic of Korea on December 7, 2015, it was doubtful that the Plaintiff’s report was filed.

C continued to send the Plaintiff’s text message “I cannot go off because I reported N.B.” to the Plaintiff’s Department.

③ The Plaintiff’s references had engaged in supporting activities as a Dparty member in Ghana.

On the other hand, C and his families are current E Party members.

Therefore, it is expected that the plaintiff and his family will go back to Ghana.

B. In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the race, religion, nationality, and specific social group.

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