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(영문) 서울행정법원 2020.12.09 2020구단16181
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, as a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea as the status of stay C-3 (short-term visit) on December 17, 2016.

B. On September 4, 2017, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant, on October 4, 2018, issued a disposition to recognize refugee status inasmuch as the Plaintiff’s assertion against the Plaintiff does not constitute “a well-founded fear of persecution” under Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”).

C. On November 14, 2018, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the objection on April 21, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is Islamic bridge, and was threatened by the Plaintiff’s retirement from those who have been operated by the Plaintiff.

Therefore, when the plaintiff returns to India, he/she is likely to be threatened with life and body.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should 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, “Refugee” refers to a foreigner who is unable or does not want to be protected by 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, or a non-stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear.

On the other hand, refugee status is recognized.

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