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(영문) 서울행정법원 2019.10.30 2019구단11920
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 November 16, 2017, the Plaintiff, as a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for recognition of refugee status (hereinafter “instant application”) to the Defendant on November 27, 2017.

B. On February 14, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on February 26, 2019, but the Minister of Justice dismissed the objection on July 30, 2019.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 3, and Eul evidence 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. A. Around May 2016, the Plaintiff’s husband’s husband’s assertion died, and there was a dispute between the Plaintiff’s wife and the third village due to the Plaintiff’s inheritance of land owned by the father.

The plaintiff's three villages assaulted another person due to the above inheritance problem, and also threatened the plaintiff with murder.

If the plaintiff return to India, which is a nationality country, is likely to be threatened by the plaintiff's third village, the disposition of this case which rejected the plaintiff's application for refugee status shall be revoked as it is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.

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