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(영문) 서울행정법원 2019.09.19 2019구단10149
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. The Plaintiff entered the Republic of Korea on November 7, 2016, with the status of stay C-3 (short-term visit) of the Republic of India (hereinafter “ India”).

B. On November 16, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on December 20, 2017, issued a disposition on recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (1951 Convention, hereinafter “Refugee”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On January 15, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3 and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was based on the Plaintiff’s statement at the time of refugee interview investigation.

On the other hand, as seen below, the Plaintiff made a somewhat different statement on the grounds that family members B threaten the Plaintiff at the date of pleading of this court.

The plaintiff was living in Indian punjb State, and was married with Epunj B around 2016.

(B) Subsequent to the Plaintiff’s marriage, the family members of B opposed to the other Plaintiff. They have threatened with the Plaintiff by either threatening the Plaintiff by telephone or exercising violence.

In the event that the plaintiff returns to India, he is still his spouse.

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