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 May 29, 2016, the Plaintiff: (a) entered the Republic of Korea on a short-term visit (C-3) sojourn status on May 29, 2016; (b) applied for refugee status to the Defendant on May 12, 2017.
B. On May 19, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 7, 2017, but was dismissed on June 12, 2018, and the Plaintiff received a notice of dismissal decision on September 12, 2018.
[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was obstructed or threatened by assault, etc., from the villagers who want to catch farmland owned by the Plaintiff’s family members in India.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.
At this time, the term "persecution" to be received by the foreigner, as well as the threat to life, body or freedom, is important for the essential human dignity.