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Reasons
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(영문) 광주지방법원 2019.10.24 2019구단1336
난민불인정결정취소
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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 January 4, 2017, the Plaintiff, a foreigner of the nationality of the Republic of India (hereinafter referred to as “ India”), entered the Republic of Korea as a short-term visit (D-4, period of stay six months) sojourn, and filed an application for refugee status with the Defendant on July 14, 2017.

B. On January 25, 2018, the Defendant rendered a decision to recognize 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 February 20, 2018, but the application was dismissed on May 27, 2019, and the Plaintiffs were dissatisfied therewith and filed the instant lawsuit.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the Plaintiff used a campaign to support the B political party from 2011 to support the B political party from 201, and there was corruption by C political party (hereinafter “C political party”). Moreover, 15 members of C political party discovered the Plaintiff and suspended the campaign. The Plaintiff’s act was found again on December 15, 2016 by the D of B political party members, and the police used a violence to the B political party members, including the Plaintiff, on the ground that some of the C political party members of the C political party were village residents of the same village as the Plaintiff. Since C political party members of the C political party are threatening to return to India, there is sufficient fear that delivery would occur a concern about returning to Korea, and the disposition of this case is unlawful on the premise that it is not recognized on the other premise.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

(c).

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