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(영문) 광주지방법원 2017.10.26 2017구단1516

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 September 12, 2014, the Plaintiff, a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea for a short-term visit (90 days of stay) and stayed beyond the period of sojourn, and applied for refugee status to the Defendant on December 7, 2015.

B. On July 18, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on August 18, 2016. However, on April 21, 2017, the application was dismissed, and the notice of rejection of the objection was served on the Plaintiff on April 28, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion sama and D party members tried to take away the plaintiff's possession and demanded the plaintiff to commit an assault while demanding money and valuables. Therefore, there is sufficient concern about gambling in case of returning to Korea through India, and it is a reasonable fear. However, the disposition of this case which did not recognize it on a different premise is unlawful.

(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 The Plaintiff’s assertion is objective to support it.