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 26, 2017, the Plaintiff, who is a national of the Republic of India, entered the Republic of Korea as a short-term stay status (C-3) on a short-term basis, and applied for refugee status to the Defendant on November 20, 2017.
B. On November 20, 2018, 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 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 December 3, 2018, but the Minister of Justice dismissed the objection on April 21, 2020.
[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 asserted that he had engaged in the activities to support B party in his home country, and that the Plaintiff, who had posted posters, demanded C to find and not support B party for the event of election, and made a threat. If the Plaintiff returned to his 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, and is a foreigner who is unable or does not want to be protected by 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, membership of a particular social group, or political opinion, or a country that has resided in Korea prior to entry into Korea due to such fear.