난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 3, 2014, the Plaintiff filed an application for refugee status with the Defendant on June 4, 2015 following the expiration date of the period of stay ( December 2, 2014) after entering the Republic of India (C-3) as a foreigner of the nationality of the Republic of India (hereinafter referred to as “ India”).
On July 27, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
On August 1, 2016, the Plaintiff filed an objection with the Minister of Justice on August 1, 2016, but was dismissed on April 21, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The main point of the Plaintiff’s assertion is that the Plaintiff was an applicant for BJP (BJP) political party, and was engaged in election campaign to vote in a party to BJP for high-ranking villages, and the village slats that led to the efforts of the Plaintiff.
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, shall be recognized as a refugee, and the requirements for recognition of a refugee shall be met.