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(영문) 서울행정법원 2016.11.24 2016구단24604

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 March 18, 2016, the Plaintiff filed an application for refugee status with the Defendant on March 22, 2016, when he/she entered and stayed in the Republic of Korea for short-term visit visa (C-3) on March 18, 2016.

On March 30, 2016, the Defendant rendered a disposition of non-approval of 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 of 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 May 9, 2016, but the said objection was dismissed on September 9, 2016.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition as indicated in Gap’s Evidence Nos. 1 through 3, Eul’s Evidence Nos. 1 and 2 is a Egbo person of Egbo, and his father, who is the president of the village traditional religion, died in around 2014, and the village head forces the Plaintiff to succeed to the position of president, and threatens the Plaintiff.

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.

When based on objective state situation, Maliria accounts for 40% of the total population, and in particular, Maliology is in harmony with Maliology and traditional religion, so that Maliology is likely to be harmful for religious reasons from traditional religious believerss.

Plaintiff

The argument is based on the argument.