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(영문) 광주지방법원 2017.11.16 2017구단1578
난민불인정처분취소
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 July 27, 2009, the Plaintiff, a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea as the status of corporate investment sojourn and stayed beyond the period of sojourn ( July 27, 2010), and filed an application for refugee status with the Defendant on February 15, 2016.

B. On November 9, 2016, 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 appealed and filed an objection with the Minister of Justice, but the said application was dismissed on June 8, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s parent, who is the Plaintiff’s spoke Bridge, was killed by the NASlim, and the Plaintiff, an spoke bridge, also returned to India, has a sufficient concern about the risk of being sporadic by the sporadic, and this is a reasonable fear. However, the instant disposition that did not recognize it on a different premise is unlawful.

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

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff had been staying illegally for a long time while entering the Republic of Korea for economic purposes, such as corporate investment, etc., and applied for refugee status.

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