난민불인정결정취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On June 9, 2017, the Plaintiffs entered the Republic of India (hereinafter “ India”)’s nationality as a foreign couple, and applied for refugee status on June 28, 2017, when entering the Republic of Korea for a short term (C-3) sojourn status.
B. On the ground that the Defendant cannot recognize “a well-founded fear that is likely to suffer from 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, the Defendant rendered a decision to recognize refugee status to the Plaintiff A on June 22, 2018, and to the Plaintiff B on June 21, 2018 (hereinafter collectively referred to as “instant disposition”), and the Plaintiffs dissatisfied with the decision and filed an objection with the Minister of Justice on June 25, 2018, but dismissed on December 23, 2019, and the said decision was served on the Plaintiffs on March 26, 2020.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On December 15, 2016, Plaintiff A visited Plaintiff A’s village to attach Cparty campaign posters, and D Party members, the opposite political party, used the Plaintiff’s abusive intent and assault to Plaintiff A. On December 20, 2016, Plaintiff A and threatened Plaintiff A’s house.
If the plaintiffs return to India, the plaintiffs are likely to be stuffed as above, so they should be recognized as refugees.
B. (1) Under the relevant legal principles, the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, foreigners who are unable or do not want to be protected from the country of nationality due to well-founded fear to recognize that the status, treatment, etc. of refugees may be harmed on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or a country in which they resided before entering the Republic of Korea due to such fear.