난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff was born in C in the Republic of Korea as a child of B(Mo) who is a foreigner of the nationality of the Republic of Austria (hereinafter referred to as Naria in the following).
On March 7, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant on April 6, 2016, and the Defendant rendered a disposition of non-recognition of 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 Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee”).
The Plaintiff received a notice of decision on non-recognition of refugee status on April 21, 2016 and filed an objection with the Minister of Justice on May 19, 2016, but was dismissed on the same ground on December 22, 2016.
On April 4, 2017, the Plaintiff received a notice of decision to dismiss an objection.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1, 2, Eul evidence 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion asserts that the Plaintiff’s mother, who applied for refugee, is a child born in the Republic of Korea and the Plaintiff should be recognized as a refugee on the grounds of family-combined principle
B. In addition to the above evidence and the statement in No. 3 as mentioned above, the following facts may be acknowledged.
① The Plaintiff’s mother B filed an application for refugee status with the Defendant on January 15, 2016, on the grounds that he/she was raped from violent violence and forced abortion. However, the Defendant rendered a disposition of non-recognition of refugee status on January 15, 2016.
Upon filing an objection with the Minister of Justice, the Plaintiff filed a lawsuit to revoke the decision to deny refugee status recognition with the Seoul Administrative Court 2017Gudan10985, but was dismissed on May 24, 2017.
② The Plaintiff’s mother is alleged.