난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 12, 2015, the Plaintiff entered the Republic of India (hereinafter referred to as “ India”) as a foreigner of nationality, and applied for refugee status to the Defendant on January 4, 2016 following the expiration date of the period of stay ( July 12, 2015).
On March 23, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
On March 24, 2017, the Plaintiff filed an objection with the Minister of Justice on March 24, 2017, but was dismissed on July 18, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was that the Plaintiff was a general party member of the INC (INCian Natdian Nats). From the opposing party BJP member, the Plaintiff was threatened with the Plaintiff’s failure to join the BJP political party.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality, the term “persecution” which is the requirement for recognition of refugee status is against the essential human dignity including threats to life, body or liberty.