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 March 27, 2017, the Plaintiff, as a foreigner of Indian nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status and applied for refugee status to the Defendant on October 30, 2017.
B. On November 12, 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 20, 2018, but the Minister of Justice dismissed the objection on April 21, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is Czedo, which threatens the Plaintiff’s family members of the Unslock Women’s Parental-gu to threaten the Plaintiff to be female-friendly Gu and Hague, and threatens the Plaintiff’s home and the Plaintiff’s family members.
If the plaintiff returned to India, the plaintiff should be recognized as a refugee.
B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (see Article 2 subparag. 1 of the Refugee Act. Meanwhile, “persecution” which is a requirement for recognition of refugee status refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.”