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(영문) 광주지방법원 2015.09.24 2015구합806
난민불인정처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 29, 2012, the Plaintiff entered the Republic of Korea on a short-term comprehensive (C-3, and the period of stay 30 days) status as a foreigner of the nationality of the Republic of Austria (Federaria, hereinafter referred to as “Kolon”), and filed an application for refugee status with the Defendant on May 30, 2012.

(hereinafter “instant refugee application”). B.

On May 19, 2014, the Defendant rejected the instant refugee application on the ground that the Plaintiff does not constitute “a well-founded fear that would be detrimental to the status of refugee” as a refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 5, 2014, but the Minister of Justice dismissed it on April 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The plaintiff's assertion is a shotist of the Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria's Egyria'

In the event that the plaintiff goes back to Maria, it is clear that he would be injured by a religious problem from the Muslim, so there is a well-founded fear of persecution.

Therefore, the instant disposition based on a different premise is unlawful.

(b) Entry in the attached Form of relevant statutes;

3. Whether the instant disposition is lawful

A. Article 2 Subparag. 1, Article 18(1), and Article 46 of the former Refugee Act (Amended by Act No. 12421, Mar. 18, 2014); Article 24 of the Enforcement Decree of the Refugee Act.

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