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(영문) 서울행정법원 2016.09.01 2016구단15303

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 December 9, 2014, the Plaintiff applied for refugee status to the Defendant on January 8, 2015 while entering and staying in the Republic of Korea for short-term visit visa (C-3 and 30 days of stay) as an alien of the nationality of the Republic of Austria (hereinafter referred to as "ASEAN").

On November 11, 2015, the Defendant rendered a disposition to deny 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 December 7, 2015, but the said objection was dismissed on the same ground as March 23, 2016, and the said dismissal decision was notified to the Plaintiff on June 20, 2016.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s No. 1 through 4, and Eul’s No. 1 through 3 was Lee Jae-in, and the father who was the president of the village traditional religion was deceased on around 2011, and the villager demanded the Plaintiff to succeed to the president.

However, as the plaintiff refused it, villagers threatened the plaintiff and attack the mother of 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

In addition to the above-mentioned facts, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the following circumstances, which can be known when adding the contents of evidence Nos. 4 and 5, and the purport of the entire film and pleading, and the Defendant’s disposition of this case is lawful since there is no other evidence to acknowledge

Although there is no inevitable reason for the plaintiff to succeed to the president position, villagers have left the president position for several years and the plaintiff.