난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 16, 2017, the Plaintiff entered the Republic of India (hereinafter “ India”) with his/her nationality, and applied for refugee status to the Defendant on June 22, 2017 with his/her short-term visit (C-3) sojourn status.
B. On December 21, 2017, the Defendant rendered a decision not to recognize 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 12, 2018, but the Minister of Justice dismissed the objection on February 14, 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 was interfered with and assaulted by "B," which is an organization of the head of the Si/Gu. If the plaintiff returned to India, there is a risk of continuous assault or threat from the above persons.
Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.
B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. A foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear to recognize that the status, treatment, etc. of refugees may be harmed for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected from the country of his/her nationality due to such fear, or who resided in the country of his/her residence