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(영문) 서울행정법원 2019.06.12 2019구단3172
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered the Republic of Korea on January 11, 2017 as a second-born male of Indian nationality (B-2) and applied for refugee status on July 12, 2017, where the period of stay expires after January 26, 2017 when illegal stay in the Republic of Korea was in the Republic of Korea.

② On August 17, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff does not constitute a refugee as prescribed by the Refugee Convention and the Refugee Act.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The Plaintiff asserted as the Plaintiff’s religious organization was also a D religious organization, and was living in the Chambro (Chak Rhok Rhmir), but was threatened by Islamic educational institutions with openings or leaving the village. The Plaintiff was aware of the refugee system while he did not return to India, and applied for recognition of refugee status.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

3. In light of the following circumstances, it is difficult to see that the Plaintiff constitutes a person with a sufficiently-founded fear that the Plaintiff may be injured for reasons of religion, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

① According to the Plaintiff’s statements made at the time of interview with the Defendant’s public official on July 18, 2017 regarding the instant application for refugee status, and the statements made at the date of pleading of the instant case, the Plaintiff shall be governed by the Jamama and Jama.

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