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(영문) 서울행정법원 2016.09.08 2016구단17422

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 May 17, 2014, the Plaintiff applied for refugee status to the Defendant on May 28, 2014 while entering and staying in the Republic of Korea for short-term visit visa (C-3 and 30 days of sojourn) on May 17, 2014.

On November 5, 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 December 10, 2015, but the said objection was dismissed on the same ground as March 23, 2016, and the said dismissal decision was notified to the Plaintiff on April 19, 2016.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s No. 1 through 3 and Eul’s No. 1 through 3, is a shotology, and the Plaintiff’s father and son’s son and son’s son’s son and son’s son in Islamic curriculum are forcing the Plaintiff to repent into Islamic curriculum.

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 purport of Gap evidence Nos. 4 through 6 and the whole oral argument, 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 other evidence to acknowledge it, and the defendant's disposition of this case is legitimate.

Naria is guaranteed religious freedom, and the remaining areas in which the plaintiff is residing are rare enough that the plaintiff may be stuffed from Muslim only on the ground that the plaintiff is a sussian believers because the sussians are fluents.

A small father shall be the plaintiff only once.