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 February 19, 2017, the Plaintiff entered the Republic of India with the nationality of the Republic of India (hereinafter “ India”), and applied for refugee status to the Defendant on June 15, 2017, for short-term employment (C-3) status.
B. On November 2, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as a requirement of refugee 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”).
C. The Plaintiff filed an objection with the Minister of Justice on November 24, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion, as a party member B, was engaged in activities such as providing place and meals to the party parties visiting his village as a party member, and was threatened with murder if the plaintiff requested from the party party members who are dissatisfied with the plaintiff's legitimate activities to only engage in the activities and did not comply with the request. If the plaintiff returned to India, the plaintiff's life is in danger of being killed from the above party members.
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. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, and it is a well-founded fear to recognize that refugee status may be harmed by reasons of race, religion, nationality, status as a member of a specific social group or political opinion.