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 August 11, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term visit on August 11, 2015, and applied for refugee status to the Defendant on March 21, 2016.
B. On April 15, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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”).
C. The Plaintiff appealed to the Minister of Justice on May 9, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on June 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is a threat that the Plaintiff would raise money from an unsatisf as a satisf.
Therefore, if the plaintiff returned to India, it is deemed that there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff as a refugee should be deemed unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the 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 or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, or who, owing to such fear, resided in the country of nationality, must be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body, or freedom.