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(영문) 서울행정법원 2016.10.06 2016구단19589

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 July 18, 2014, the Plaintiff applied for refugee status to the Defendant on August 8, 2014 while entering the Republic of Korea for short-term visit visa (C-3 and 30 days of stay) and staying there.

On January 21, 2016, 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 that would be subject to 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 28, 2016, but the said objection was dismissed on the same ground as June 30, 2016.

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s evidence Nos. 1 through 3, and Eul’s evidence Nos. 1 through 3 is a new person of Egbo, and the Plaintiff was a new person of Egbo, but the village leader’s succession proposal was made from village people around 2012, but escape from Naria without expressing his intention because of fear.

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

Naria's Constitution guarantees the freedom of religion in substance, and the south Dong-dong, in which the plaintiff resided, is fluorial, and there is no high possibility that fluorians may be stuffed on the grounds of religion from those of traditional religious ancestor worships.

The plaintiff is the president.

참조조문