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. On November 16, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit on November 16, 2015, and applied for refugee status to the Defendant on November 11, 2016.
B. On December 27, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. On January 11, 2018, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on April 10, 2019.
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’
The Plaintiff, as a party member of India, worked as the president of the regional group of youth groups of the above political party in India, and was made verbal intimidation and assault on several occasions from the party members of the other political party called “C”.
Therefore, since there exists a well-founded fear that the Plaintiff would be subject to gambling when returning to Korea through India, the instant disposition that did not recognize it on a different premise is unlawful.
B. Determination 1 “Refugee” does not want to be protected or protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.