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. The Plaintiff entered the Republic of Korea on March 10, 2019 as a foreigner of the nationality of the Republic of India (hereinafter “ India”). The Plaintiff entered the Republic of Korea on a short-term visit (C-3).
B. On May 22, 2019, the Plaintiff filed an application for refugee status with the Defendant on June 21, 2019. On June 21, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “the well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition on July 3, 2019 and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the instant disposition on December 23, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On December 8, 2018, the gist of the Plaintiff’s assertion distributed the land owned by the Plaintiff’s husband and wife to the Plaintiff’s wife, and the Plaintiff’s wife assaulted the Plaintiff and the Plaintiff’s wife of the distribution portion of the land.
Accordingly, the Plaintiff entered the Republic of Korea by avoiding the threat of the accommodation.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful even if there was a well-founded fear that the Plaintiff would be subject to persecution when she returned to her home country.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall either race, religion, nationality, membership of a particular social group, or political.