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(영문) 광주지방법원 2016.12.22 2016구단998

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 16, 2014, the Plaintiff, a foreigner of the nationality of the Republic of India (hereinafter referred to as “ India”), entered the Republic of Korea as a sojourn status for organization tourism, etc. (10 days during the stay period) and filed an application for refugee status with the Defendant on January 21, 2015.

B. On March 2, 2015, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be subject to persecution, which is 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. The Plaintiff appealed and filed an objection with the Minister of Justice, but the said application was dismissed on June 30, 2016.

【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's assertion supports the Indian People's Republic of Korea (Bathray Jaty). The neighboring party supporting the National Assembly of India requested to make a flagpoles for the Indian People's Republic of Korea, which is suffering from the plaintiff's shop, and thus, the neighboring party's refusal to do so. The plaintiff's assertion made a threat of hack pipe violence and threat. The plaintiff's refusal to return to Korea through India is sufficient 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