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(영문) 광주지방법원 2017.10.19 2017구단1332
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 January 30, 2009, the Plaintiff, who is a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea for a short-term general stay (30 days during the period of stay) and stayed beyond the period of sojourn, and applied for refugee status to the Defendant on December 29, 2015.

B. On July 1, 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 as stipulated in 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 July 5, 2016, but was dismissed on April 21, 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. Two owners of the land adjacent to the Plaintiff’s assertion that two owners sold the land at a price lower than the market price to the Plaintiff, thereby threatening the Plaintiff to refuse to sell the land. The Plaintiff’s father was assaulted against them and died. Therefore, there is sufficient concern that the Plaintiff’s return to the Republic of Korea through India would be imminent and that it would be 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

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