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(영문) 광주지방법원 2017.09.14 2017구단872
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 17, 2016, the Plaintiff, a foreigner of the nationality of the Republic of India (hereinafter referred to as “ India”), entered the Republic of Korea as a short-term visit (90 days during the period of stay) and filed an application for refugee status with the Defendant on March 15, 2016.

B. On October 11, 2016, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it does not constitute a case where there is a well-founded fear that is a requirement for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On October 31, 2016, the Plaintiff filed an objection with the Minister of Justice on October 31, 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. From 16 years of age to 2005, the Plaintiff’s assertion that he had been appointed as a representative member of the Juvenile Council. However, around December 17, 2015, the instant disposition that did not recognize it on a different premise is unlawful, even though there is a sufficient concern that the Plaintiff would be deprived of his return to Korea due to India, and that 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 for reasons of race, religion, nationality, membership of a particular social group, or political opinion,” even if all of the evidence and arguments submitted by the Plaintiff were considered. It is difficult to deem otherwise.

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