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(영문) 광주지방법원 2017.10.26 2017구단1097

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On May 23, 201, the Plaintiff, who is a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea for a short-term general stay (30 days during the period of stay) and stayed beyond the period of sojourn, and applied for refugee status to the Defendant on October 6, 2015.

B. On September 23, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On September 28, 2016, the Plaintiff filed an objection with the Minister of Justice on September 28, 2016, but was dismissed on June 8, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father, who had worked as a member of the India People’s Meeting, was killed by the Plaintiff’s husband of the Indian People’s Republic of Korea, and the Plaintiff suffered bodily injury by intimidation and attack from the party members of the Indian People’s Republic of Korea around June 2010. Therefore, the Plaintiff’s disposition of this case, which did not recognize it on a different premise, is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff’s assertion may be supported.