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(영문) 광주지방법원 2016.09.28 2016구단486

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 January 15, 2015, the Plaintiff, a foreigner of the nationality of the Republic of India (hereinafter referred to as “ India”), entered the Republic of Korea and applied for refugee status to the Defendant on February 17, 2015.

B. On November 25, 2015, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it does not constitute a case where there is a well-founded fear, 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.

C. The Plaintiff appealed and raised an objection to the Minister of Justice, but was dismissed on March 23, 2016.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is acting as a party in India, and since a party member of the National Assembly (Congress) threatened with the plaintiff and his/her family members and escaped into the Republic of Korea by using violence, the plaintiff's assertion is unlawful in the disposition of this case which did not recognize it on a different premise.

(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 First, the Plaintiff asserted that the refugee interview was threatened by a party member in BSP (Bahujan Samaj). In this Court, the threat is made by the party member of the National Assembly.