난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff entered as a foreigner of the nationality of the Republic of India (hereinafter referred to as “ India”) on July 7, 2015 as a short-term visit (C-3) sojourn status on July 7, 2015, and filed an application for refugee status with the Defendant on October 26, 2015 after the expiration of the period of stay ( October 5, 2015).
On September 28, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
The Plaintiff received a notice of decision to deny refugee status on October 12, 2016, and filed an objection with the Minister of Justice on November 7, 2016, but was dismissed on April 21, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff was born and slick at the slock home, and the Plaintiff had a character to a Kaol church several times according to women’s friendship.
It is time for the plaintiff to go back to the house, which is why the people of the native village have attended the church.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who, owing to such fear, do not want to be protected of the country of nationality, or who, owing to such fear, were unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and