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(영문) 서울행정법원 2016.01.14 2015구단16729
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 April 27, 2014, the Plaintiff applied for refugee status to the Defendant on May 27, 2014 while entering and staying in the Republic of Korea for a short-term visit visa (C-3 and 30 days of sojourn) on April 27, 2014.

On June 23, 2015, the Defendant rendered a disposition not to approve 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 July 6, 2015, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] The plaintiff's assertion as to the legitimacy of the disposition of this case as stated in Gap's evidence 1 to 3, Eul's evidence 1 and 2 is Egbo.

On April 20, 2014, the Plaintiff was involved in an automobile accident that was driven by the organizing members of Boko (Bao). Around three weeks thereafter, the Plaintiff was aware that the organizing members died.

In Naria, the plaintiff can be killed without any justifiable reason if he/she is related to Bobane's officers, and since Bobane's members, the victim of the automobile accident caused by the plaintiff, the plaintiff is also at risk of being killed.

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. 3 and 4 and the purport of the whole pleadings, 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 evidence to prove otherwise, the defendant's disposition of this case is legitimate.

Bolle, underground, etc.

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