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(영문) 서울행정법원 2019.05.23 2019구단4342
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on June 21, 2017, with the status of stay C-3 (short-term visit) of the Republic of India (hereinafter “ India”).

B. On July 20, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on August 25, 2017, issued a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On September 15, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is a driver who has resided in the State of Jmu and Kashmir.

On August 10, 2016, the Plaintiff attempted to capture, along with the first son, to rape the Plaintiff’s married, and the first son died in the total attack of the Indian soldiers at the time.

Accordingly, the Plaintiff made a few times of a demonstration that criticizes the conduct of Indian soldiers, and thereafter, the Plaintiff threatened soldiers to murder all of the Plaintiff and their family members in the event they continue the demonstration while finding and assaulting them.

On the other hand, the plaintiff has been able to participate in various times in the demonstration for the independence of the Sastru Republic of Sast, and due to this, there was an assault from Indian soldiers.

When the plaintiff returns to India as its home country.

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