난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 20, 2014, the Plaintiff filed an application for refugee status with the Defendant on March 28, 2014, prior to the expiration date of the period of stay ( April 4, 2014), when a foreigner, who is a national of the Republic of Austria (hereinafter referred to as “Naria”) and stays in the Republic of Korea as a short-term visit (C-3) sojourn status on March 20, 2014.
B. On April 22, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. According to the Plaintiff’s argument’s customs, in the event that the shortage occurred, the Plaintiff’s heir’s friend or relative friend and exceptionally elected through an election. The Plaintiff’s friend or relative friend died in around 2012, and the friend was planned to elect one of the deficient members as the shortage.
However, any person strongly avoided the election of himself as a shortage, and most of the shortages are not his own, but they opposed to it. However, around February 2013, he purchased a person with a money and raised him in the place of the shortage.
The lack to which the Plaintiff belongs strongly opposed to it at the time, and the failure was caused by the lack, which began with gambling of the members of the young men's association, and the plaintiff who actively led to his opposition to the election of the shortage was subject to the first removal.
In the process, there were various threats and violence, such as breaking a house on the opposite wave, and some villages died in the process.
As a result, the plaintiff feel a threat to life and North Korea's Republic of Korea.