난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 15, 2017, the Plaintiff, as a foreigner of Indian nationality, entered the Republic of Korea as a short-term visit (C-3). On September 28, 2017, the Plaintiff applied for refugee status to the Defendant.
B. On November 2, 2017, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff filed an objection with the Minister of Justice on November 3, 2017, but the said objection was dismissed on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3 through 5 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On July 3, 2017, the Plaintiff asserted that he was a student of the Indian deel University, and was threatened by three infinite males, who were in total returned to his house at around 22:30 on July 3, 2017, who were in custody of three infinite males, and was threatened to pay 50,000 rubs even thereafter.
In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the risk of persecution as above is unlawful.
B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The Plaintiff’s ground for applying for refugee status is that “the Plaintiff was threatened by a person who seeks to deduct money from the Plaintiff,” which is merely an act of a private person, and thus, the Plaintiff appears to be a matter to be resolved through the judicial system of his own country.