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(영문) 광주지방법원 2017.03.30 2016구단1045

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 November 13, 2014, the Plaintiff, a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea as a sojourn status for ordinary use (90 days during the stay period) and applied for refugee status to the Defendant on November 20, 201.

B. On December 23, 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 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. However, on September 9, 2016, the application was dismissed, and the notice of dismissal was served on the Plaintiff on September 22, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 or 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 2014, the members of the Indian National Assembly, who failed in the Plaintiff’s argument punching election, attacked the party members of the Indian People’s Party (hereinafter “BJP”) and the support members, and caused a fighting between both political parties and support members. At the time, the Plaintiff, who was the BP support operator, was at the same time threatened with murder by telephone, etc., and was threatened with an attack by the members of the National Assembly. Accordingly, the instant disposition was unlawful, even if there is sufficient concern that the return of the Republic of Korea from its own country would be subject to gambling, and this is a reasonable fear. However, the instant disposition that 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, the Plaintiff may also take into account all the evidence and arguments submitted by the Plaintiff.