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(영문) 광주지방법원 2017.07.06 2017구단391

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 9, 2013, 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 visit (90 days of stay period) and applied for refugee status to the Defendant on November 7, 2014.

B. On February 18, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. On February 18, 2016, the Plaintiff filed an objection with the Minister of Justice on February 18, 2016, but the application was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on the above objection on December 12, 2016.

【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 assertion operates a mobile phone sales store in India as the support of the National Assembly, and the legitimate support parties for Balratiya Jan Party (hereinafter "BJP") claimed money and exercised incidental and violent acts. Therefore, there is sufficient concern that a person who returned to the Republic of Korea through India will be subject to gambling, and the 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 4 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution for reasons 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.”