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(영문) 광주지방법원 2020.12.09 2020구단1684
난민불인정결정취소
Text

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. On September 14, 2017, the Plaintiff, who is a national of the Republic of India, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on November 29, 2017.

B. On January 23, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear that is likely to suffer 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 filed an objection with the Minister of Justice on February 13, 2019, but the Minister of Justice dismissed the objection on June 19, 2020.

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

2. Whether the instant disposition is lawful

A. The plaintiff's family member's assertion supported B party in his own country, and the plaintiff's reference was the village representative of B party. C party's kills the plaintiff's reference to make it not to represent the village of B party's party, and although Eul party's support person demanded the plaintiff to represent the village, C party's refusal to do so and went into Korea. For this reason, if the plaintiff returned to his own country, it is likely to be threatened from the parties of C party.

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

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. This is due to the fear of being well-founded to recognize that the status, treatment, etc. of refugees may be harmed for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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