난민불인정결정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On March 27, 2017, the Plaintiff, as a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for recognition of refugee status to the Defendant on October 23, 2017 (hereinafter “instant application”).
B. On November 15, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on December 21, 2018, but the Minister of Justice dismissed the objection on February 6, 2020.
【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 3, and Eul evidence 1 through 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. A dispute arose between the Plaintiff’s assertion and the Plaintiff’s three villages due to the ownership of land in India, a nationality country.
The plaintiff's three villages assaulted the plaintiff in order to take the ownership of the land from the plaintiff, and also threatened the plaintiff with murder.
If the plaintiff return to India, which is a nationality country, is likely to be threatened by the plaintiff's third village, the disposition of this case which rejected the plaintiff's application for refugee status shall be revoked as it is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” is either 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 he/she is likely to be detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion.