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(영문) 서울행정법원 2019.10.30 2019구단12220
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 2, 2016, 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 refugee status recognition to the Defendant on September 22, 2016 (hereinafter “instant application”).

B. On December 27, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fear 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 January 2, 2018, but the Minister of Justice dismissed the objection on April 10, 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. On November 8, 2014, the Plaintiff asserted that the Plaintiff was driving a vehicle at India, which is a nationality State, and caused a traffic accident involving the vehicle and the vehicle coming from the vehicle.

However, there was a dispute between the plaintiff and the victim of the traffic accident due to the compensation problem, and the victim of the traffic accident threatened the plaintiff with murder.

If the Plaintiff returns to India, which is a nationality state, is likely to be threatened by the said traffic accident victim, the instant disposition that rejected the Plaintiff’s application for recognition of 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, “refugees” is unable to obtain the protection of the country of nationality due to well-founded fear of being recognized as being detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion.

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