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 October 7, 2018, the Plaintiff entered the Republic of Korea as a person of Indian nationality and as a short-term visit (C-3) on a short-term basis, and applied for refugee status to the Defendant on December 13, 2018.
B. On January 3, 2019, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficiently-founded fear that the applicant would be subject to persecution” as prescribed by the requirements of refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection against the instant disposition with the Minister of Justice on January 4, 2019, but was dismissed on October 18, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that, around August 2018, the Plaintiff entered the Republic of Korea to avoid the threat of life by a political person compelling the sale of farmland owned by the Plaintiff to a road site.
If the plaintiff returned to India, there is a well-founded fear of gambling.
Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.
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, and Article 1 of the Refugee Protocol, where there is an application against a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or does not want to return to, a country of nationality that had resided in the Republic of Korea before entering the Republic of Korea.