난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On February 6, 2015, the Plaintiff, a foreigner of the nationality of the Republic of India (hereinafter referred to as “ India”), entered the Republic of Korea for a short-term visit (90 days during the period of stay) and applied for refugee status to the Defendant on March 23, 2015.
B. On February 24, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.”
C. On February 26, 2016, the Plaintiff filed an objection with the Minister of Justice on February 26, 2016, but was dismissed on October 27, 2016.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the open bridge events held in the Plaintiff’s argument-funding area, persons belonging to the DS (Dera Sacha Sauda) forced them to join the Plaintiff and exercise violence, etc. Accordingly, there is sufficient concern that in case of returning to the Republic of Korea through India, it shall be deemed that there is a well-founded fear, but the instant disposition that did not recognize it on a different premise is unlawful.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of subparagraphs 1 through 4 (including paper numbers) and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” even if considering all evidence and alleged circumstances submitted by the Plaintiff, and there is no other evidence to acknowledge it otherwise.
① The Plaintiff attacked on January 10, 2015 in the application form for recognition of refugee status.