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 September 7, 2018, the Plaintiff, who is a national of the Republic of India, entered the Republic of Korea with his/her status of stay abroad (D-2) and applied for refugee status to the Defendant on February 27, 2019.
B. On April 17, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear that is likely to suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) 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 April 17, 2019, but the Minister of Justice dismissed the objection on August 20, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he/she had engaged in the activities to support B party in his/her home country, and on May 13, 2018, demanded that the Plaintiff, who supported B party B instead of C political party, find out his/her home country and did not engage in such activities, and made assault and intimidation. If the Plaintiff returned to his/her home country, it is likely that the Plaintiff may continue to be threatened.
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. Such fear is either 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 the status, treatment, etc. of refugees may be harmed for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.