beta
(영문) 광주지방법원 2019.09.04 2019구단869

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 September 5, 2016, the Plaintiff entered the Republic of India (hereinafter “ India”) with his/her nationality, and applied for refugee status to the Defendant on March 22, 2017, with his/her short-term visit (C-3) sojourn status.

B. On December 15, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as a requirement of refugee under 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. The Plaintiff filed an objection with the Minister of Justice on January 5, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is the city bridge, and the plaintiff was threatened by having received a demand for money on the grounds of religion from the persons who taken an hings, and the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful and revoked.

B. Determination 1) The Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. It defines that “A foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured by reasons of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is a state of nationality unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear” (Articles 1 and 2).

참조조문