난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff entered the Republic of Korea on January 28, 2018 as a foreigner of the nationality of the Republic of India (hereinafter “ India”). The Plaintiff entered the Republic of Korea on a short-term visit (C-3).
B. On February 27, 2018, the Plaintiff filed an application with the Defendant for recognition of refugee status. On June 11, 2020, the Defendant rendered a decision on the recognition of refugee status (hereinafter “disposition of this case”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the 1951 Convention relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the 1967 Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. B party members, the main principle of the Plaintiff’s assertion, forced the Plaintiff to open a sleep to the Plaintiff as an sleep, and demanded a political party support payment.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful even though there was a well-founded fear that the Plaintiff would be subject to persecution when she returned to her home country.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the Minister of Justice, on the ground of race, religion, nationality, membership of a particular social group, or political opinion, makes an application against a foreigner who, owing to such fear, is unable to be protected by the country of nationality or who does not want the protection of the country of nationality, or who, owing to such fear, is unable to return to or does not want to return to the country of nationality before entering the Republic of Korea.