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(영문) 서울행정법원 2019.05.23 2019구단51454
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 August 15, 2017, the Plaintiff, as a foreigner of Indian nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status and applied for refugee status to the Defendant on August 31, 2017.

B. On October 23, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that, as to the Plaintiff, it cannot be recognized that “ sufficiently based fears that would be detrimental 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 may not be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on October 24, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was an hovasist in India since 1998, and was assaulted on July 22, 2017 on the ground that the hovasist in India’s hovasist in India’s hovasist in 1998, and that the hovasist festival was being carried out too well by the Plaintiff from Islamic hovasist in 20:00, and that Islamic hovasist may kill the Plaintiff.

Therefore, the disposition of this case based on a different premise is unlawful, even though the Plaintiff is a foreigner who is unable or does not want to receive protection from the country of nationality due to well-founded fear that he/she is able to be injured on the ground that he/she is a member of a religion or a specific social group, if returned to India.

B. 1 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 is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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