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(영문) 서울행정법원 2015.11.12 2015구단14501
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 August 23, 2012, the Plaintiff filed an application for refugee status with the Defendant on November 21, 2012 while entering and staying in the Republic of Korea as a short-term visit (C-3) sojourn status on August 23, 2012.

On February 28, 2014, 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 May 2, 2014, but the said objection was dismissed on the same ground as April 2, 2015, and the said dismissal ruling was notified to the Plaintiff on August 20, 2015.

【In the absence of any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s evidence Nos. 1 through 4, and Eul’s evidence No. 1 is a Vietnam-ROM (Berom). The Plaintiff, which is an armed terrorist organization of Balian Muslim, was missing on July 9, 2012, when 50 persons die due to the Plaintiff’s attitude of the Poliom village that was residing on July 9, 2012. The Plaintiff’s appearance was also missing due to the instant attack.

Since then, the plaintiff is threatened with continuous threat from Boco Ba, such as intimidationing the plaintiff by telephone for four times.

In the event that the Plaintiff returned to Austria, the Defendant’s disposition that the Plaintiff did not recognize the Plaintiff as a refugee is unlawful despite high possibility of persecution due to the above circumstances.

Judgment

If the above facts are added to the purport of the evidence Nos. 2 and 3 and the whole oral argument, it is insufficient to view that the plaintiff has a well-founded fear of persecution to the plaintiff, taking into account the following circumstances, and there is no other evidence to acknowledge it, and the defendant's disposition of this case is legitimate.

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