beta
(영문) 서울행정법원 2019.03.29 2018구단77633

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. The plaintiff is a foreigner of Austrian nationality.

On December 10, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee recognition to the Defendant on December 26, 2016.

B. On November 29, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in 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”) on the ground that there is a well-founded fear that it would be subject to persecution as a requirement for refugee status.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 15, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 2018.

On September 21, 2018, the Plaintiff received a notice of dismissal decision of an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is Zinia Egbo, Igbo, a parasin.

The plaintiff was a general member of B, an organization supporting the non-AFra independence, belonging to the ABA branch.

The plaintiff was present at a commemorative event held in Austrian High School in Syrian, and was present at a memorial event on the date of an independent declaration, and was present at a place where the government group was dissolved and the government group was present, and then withdrawn from B due to the pressure of the government group.

Since then, the plaintiff was threatened not only by the government but also by B.

B Members found the Plaintiff’s house on June 10, 2016, and all of the articles in the Plaintiff’s house were attached, and murdered by kidnapping the Plaintiff’s imprisonment (D) instead of the Plaintiff on July 22, 2016.

Accordingly, the plaintiff left the Republic of Korea by her scarly scargly leaving the Republic of Korea.