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(영문) 서울행정법원 2016.09.29 2016구단14430

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. On December 28, 2014, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of Austria, as a short-term visit (C-34) on a short-term basis, and applied for refugee status to the Defendant on January 6, 2015.

B. On November 11, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On November 17, 2015, the Plaintiff filed an objection with the Minister of Justice on November 17, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 24, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion was the president of the traditional religion, wherein the arche of the country of nationality and the arche of the Plaintiff were located in the village B located at the coast of this spring, and the Plaintiff moved to the arche of the arche at the age of 15.

The village people were killed in 2006 that the plaintiff succeeded to the position of the president for a village who was well aware of the plaintiff, and that he was the president for his death in 2013, but he was also the head for his death, but he was also the plaintiff's refusal to succeed to the position of the president for religious reasons.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” has sufficient grounds to recognize that a person is stuffed on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.