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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 the disposition;
A. The Plaintiff entered the Republic of India with a short-term visit visa (C-3) on February 8, 2017, and applied for refugee status to the Defendant on May 8, 2017, immediately before the expiration date of the period of stay ( May 9, 2017).
B. On May 17, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is no sufficiently-founded fear that the Plaintiff would be subject to persecution as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 12, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on June 12, 2018.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is Muslim.
In India, there is frequent dispute between hings and slings, and it is threatening that Mings will murder if they refuse to do so by forcing the plaintiff to participate in fightings with hings.
Therefore, the disposition of this case, which was made on different premise, is unlawful, since there is a possibility of gambling for the plaintiff on the ground of religion, etc.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, “refugee” is 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 that he/she may be detrimental to the State of nationality for reasons of race, religion, nationality, membership of a particular social group, or political opinion.