난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 28, 2017, the Plaintiff entered Korea as a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “Austria”), and applied for refugee status to the Defendant on June 8, 2017, after entering Korea as a short-term visit (C-3) sojourn status.
B. On March 6, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that, as to the Plaintiff, it cannot be recognized as a “founded well-founded fear of being injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
(hereinafter “instant disposition”). C.
The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 16, 2018, but was dismissed on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff’s father, who was a senior to Germany, and the Plaintiff’s leader B, refused the proposal of the above group’s assistant staff to succeed to the position of his father after the death of around 2016, and subsequently, he was assaulted by him and was killed by the Plaintiff’s wife.
In the event that the plaintiff returns to Austria, it is likely to be affected by gambling for this reason.
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or do not want the protection of the country of nationality, or who, owing to such fear, are unable to return to or do not want to return to the country in which they resided before entering Korea.