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(영문) 광주지방법원 2020.07.09 2019구단2209
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On May 29, 2017, the Plaintiff entered the Republic of India as a foreigner of the Republic of India (hereinafter “ India”)’s nationality and applied for refugee status on November 15, 2017, when entering the Republic of Korea as a short-term stay (C3 and 6 months of sojourn) sojourn.

B. On June 12, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on July 10, 2018, but the said objection was dismissed on October 18, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 1 through 4, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. On January 15, 2017, the Plaintiff’s summary of the Plaintiff’s assertion was engaged in an election campaign conducted on B (B; hereinafter “B”). On March 25, 2017, the Plaintiff: (a) 20 party members, who were opposed to the Plaintiff’s home, assaulted the Plaintiff; and (b) threatened the Plaintiff’s family members to ask the Plaintiff’s whereabouts and die.

If the plaintiff returned to India, he/she is likely to be subject to gambling as above, so the plaintiff should be recognized as a refugee.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act defines “refugees” as “foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear of being recognized as being imprisonable on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or foreigners who, due to such fear, cannot return to, or do not want to return to, the country in which they resided before entering the Republic of Korea.”

According to the above legal provisions, refugee status is recognized.

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