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(영문) 서울행정법원 2020.01.30 2019구단18273

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on November 4, 2017, with the status of stay C-3 (short-term visit) of the Republic of India (hereinafter “ India”).

B. On November 27, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on February 12, 2019, issued a disposition on recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges having sufficient grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees.

C. On March 20, 2019, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. A. Around September 5, 2017, the Plaintiff’s Plaintiff’s assertion made the death of the elderly who caused a traffic accident in the State of Pastama (Jmu and Kashmir).

On September 7, 2017, the Plaintiff visited a member of the Committee, who was involved in the foregoing traffic accident, and was in attacked by Islamic organizations with the elderly who died in that area.

In addition, upon the plaintiff's release, the Islamic organization made a threat to the plaintiff's her her son "to kill the plaintiff by telephone," and also made a threat to the same effect by telephone to the plaintiff.

If the plaintiff returns to India, it is likely that the victim of the traffic accident caused by the plaintiff will be threatened with the right to life or physical freedom.