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(영문) 제주지방법원 2019.10.30 2018구합702
난민불인정결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 11, 2017, the Plaintiff entered the Republic of Korea on May 11, 2017, and applied for refugee status on May 23, 2017.

B. On June 28, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status 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 filed an objection against the instant disposition on July 12, 2017, but the Minister of Justice dismissed the said objection on September 3, 2018, and the Plaintiff was notified of the dismissal decision on September 20, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion: (a) the Plaintiff operated a new store in India; (b) from March 2016, the Plaintiff demanded money from “B”; and (c) around that time, 4 to July 2016, the Plaintiff took off approximately KRW 25,000 each month ($ 450) from around 25 to July 2016.

Since then, the Plaintiff, who was increased in the amount of the demand of the above 20,000s, neglected the demand of the 20,000s. On September 2016, 2016, four of the above 20s intimidationd the Plaintiff by forcing the Plaintiff to pay money by making the Plaintiff a share of money.

In the event that the plaintiff returned to India, it is likely to be affected by the above pit.

Nevertheless, the disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall be adequate grounds for being persecutiond on the grounds of race, religion, nationality, membership of a specific social group or political opinion.

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