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(영문) 광주지방법원 2019.08.21 2019구단715
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. On May 9, 2017, the Plaintiff entered the Republic of India (hereinafter “ India”) with his/her nationality, and applied for refugee status to the Defendant on August 29, 2017 with his/her short-term visit (C-3) sojourn status.

B. On December 21, 2017, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on January 9, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made to take photographs from the Silcdo as a Silcdo, but the parties belonging to B did not object to the plaintiff's activities and assault the plaintiff and the plaintiff's body. If the plaintiff returned to his own country, even though there is a risk of continuing assault from B, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked.

B. Determination 1 of 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, a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured by reasons of race, religion, nationality, status as a member of a particular social group or political opinion or political opinion, or due to such fear, prior to entry into the Republic of Korea.

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