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(영문) 서울행정법원 2016.08.26 2016구단10520
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. On November 22, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa as a foreigner of Ghana or nationality, and applied for refugee status to the Defendant on December 3, 2014.

B. On October 14, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 12, 2015, but was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a parasua of Ghana's nationality. The plaintiff is a parasia of A or her nationality.

The father of the Plaintiff was the president of the local minister who believed Saturdays, but his father died on February 2013, the member of the local council was killed on or around September 2013 on the ground that he demanded the Plaintiff to succeed to the position of the president, but the Plaintiff refused to succeed the status, and thereafter forced and threatened the Plaintiff to succeed the status.

If the plaintiff returned to Ghana, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might be harmed by reason of religion.

B. (1) 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, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee and recognized as refugee.

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