난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On November 23, 2014, the Plaintiff applied for refugee status to the Defendant on January 26, 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 December 22, 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 January 29, 2016, but the said objection was dismissed on May 31, 2016.
【The Plaintiff’s assertion as to the lawfulness of the instant disposition indicated in Gap’s No. 1 through 3, and Eul’s No. 1 through 3 is a paradoxian, and the Plaintiff was admitted to the Republic of Korea regardless of the village, after his father, who was the president of the Village Traditional Religious Group, who was the head of the village or people’s skin, was deceased, and the Plaintiff, who was a frighter, should succeed to the president’s position.
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. 4 and 5 and the purport of the whole pleadings, it is not sufficient to view that the plaintiff has a well-founded fear of persecution, 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, Ageia accounts for 40% of the total population, which is not highly likely to be imprisoned for religious reasons from traditional religious believers.
The plaintiff is the president.