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(영문) 서울행정법원 2016.10.13 2016구단12878

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On February 13, 2014, the Plaintiff filed an application for refugee status with the Defendant on March 4, 2014 while entering and staying in the Republic of Korea for short-term visit visa (C-3) on February 13, 2014.

On March 19, 2015, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on April 2, 2015, but the said objection was dismissed on the same ground as September 24, 2015, and the said dismissal decision was notified to the Plaintiff on February 29, 2016.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to whether the instant disposition as indicated in Gap’s Nos. 1 through 4, Eul’s Nos. 1 and 2 is legitimate is a second-class senior to B, and his father, the president of the village traditional religion, died on around 2013, and the village people forced the Plaintiff to succeed to the president’s position.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be stuffed due to the above circumstances is high in case the plaintiff returned to Austria.

Judgment

If the above facts are added to the contents of evidence Nos. 3 and 4 and the purport of the whole pleadings, it is insufficient to view that the plaintiff has a well-founded fear of persecution to the plaintiff, taking into account the following circumstances, and there is no evidence to prove otherwise, the defendant's disposition of this case is legitimate.

Plaintiff

Even according to the assertion, villagers should not succeed to the president's position, but they did not do specific and substantial gambling on the ground that they refuse to succeed to the president's position.

At the time of objective national situation, Maria is a whole of Maternia.