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(영문) 광주지방법원 2017.11.23 2017구단10756
난민불인정결정취소
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 December 18, 2014, the Plaintiff, who is a foreigner of the nationality of the Republic of India (hereinafter referred to as “ India”), entered the Republic of Korea for a short-term visit (90 days of stay) on a short-term visit (90 days of stay) and stayed beyond the period of sojourn, and applied for refugee status to the Defendant on October 29, 2015.

B. On July 19, 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. On July 21, 2016, the Plaintiff filed an objection with the Minister of Justice on July 21, 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. The plaintiff's assertion that the plaintiff's assertion is a legitimate ground for the ground that the plaintiff filed a report on India's legitimate members of AIADM as a entang network for the construction of roads and irrigation waterways, which is threatened by the party members of AIADK. Therefore, there is sufficient concern that the plaintiff will be imminent in case of returning to India due to India, and it is a reasonable fear, but the disposition of this case which 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) There is no objective evidence supporting the plaintiff's assertion.

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