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(영문) 서울행정법원 2019.04.09 2018구단78209
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 A or the Republic of Korea’s short-term sojourn status visit (C-3) on January 30, 2017 on the date of entry into the Republic of Korea; (b) the date of the application for refugee status recognition (hereinafter “instant disposition”); (c) February 23, 2018 on the date of February 14, 2017, the date of the application for refugee status recognition (hereinafter “instant disposition”); (c) the fact that there is no dispute over the grounds for recognition of the decision of rejection as of March 6, 2018 on the date of the application for objection that there is no sufficient basis for recognition of the decision of rejection as of September 14, 2018; and (d) the purport of the entire pleadings, as well as the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was presented by the Plaintiff at a position to assist king in the village (ashanti Region, Atwima Nbaa Dai, Tose) where the Plaintiff was born, but the Plaintiff’s relative demanded that the Plaintiff’s relative succeed to the position of the king after the Plaintiff’s death.

Since the above position has to carry out awareness related to traditional religion, the plaintiff, a vice-dinist, refused to do so, and the plaintiff's relatives threatened the plaintiff.

The plaintiff should be recognized as a refugee as having entered the Republic of Korea after departing Ghana in order to cause damage to such gambling.

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.

“Anchoring” which is a requirement for recognition of refugee refers to “any act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom,” and any foreigner applying for recognition of refugee status.

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