1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On July 10, 2012, the Plaintiff applied for refugee status to the Defendant on October 4, 2012 while entering and staying in the Republic of Korea for short-term visit visa (C-3 and 90 days of stay) on July 10, 2012.

On May 1, 2014, 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 16, 2014, but the said objection was dismissed on the same ground as July 1, 2015, and the said dismissal decision was notified to the Plaintiff on October 5, 2015.

【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 Nos. 1 through 3 was the Egbo, and the Plaintiff’s assertion was the Egbo’s sexual intercourse. Around January 2012, the Plaintiff’s punishment was reported to the effect that the Plaintiff’s members concealed his/her arms, and the member was arrested. Accordingly, the Plaintiff was killed as a retaliation against Bodon’s members.

In addition, the Plaintiff reported the murder case of the above punishment to the police, which led to this, the Plaintiff was threatened with the death of the Plaintiff as he reported to the police officer of Bocoi.

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 facts, it is not sufficient 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 Gap evidence 5 through 7, Eul evidence Nos. 4 through 6 and the purport of the whole pleadings. The evidence to acknowledge it otherwise.