beta
(영문) 서울행정법원 2015.11.27 2015구단11953

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 August 25, 2013, the Plaintiff, a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “ASEAN”), entered the Republic of Korea on a short-term visit (C-3) sojourn on a short-term basis, and stayed in the Republic of Korea upon obtaining permission for extension of the period of sojourn, and filed an application for refugee status with the Defendant on November 18, 2013, prior to the expiration of the period of sojourn ( November 23, 2013).

B. On August 12, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer persecution” as a requirement of refugee under 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] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was living together with his family members in Austria.

However, on June 3, 2012, on the wind that the father of the Plaintiff received the faith of a local religious group and aggressively exchanged to his/her family members, the Plaintiff suffered difficulties in complying with the Plaintiff’s religious faith before his/her father dies.

After the father's death, the above local religious group, in which the father of the plaintiff was affiliated, forced the plaintiff to succeed to the status of funeral in which the father of the plaintiff was his father.

In order to accept the demand of the Plaintiff, the above local religious group was killed of the Plaintiff’s mother, and the Plaintiff’s mother would also be threatened if the Plaintiff did not succeed to the status of swimming.

The above local religious group is an organization of violent tendency that exercises a strong influence on the high speed area of the plaintiff.

The plaintiff, because of religious faith, refuses the religious faith of the local religious group.