logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.08.18 2016구단13307
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 23, 2015, the Plaintiff filed an application for refugee status with the Defendant on August 18, 2015, when he/she entered the Republic of Korea for short-term visit visa (C-3) and was staying there.

On October 30, 2015, 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 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 November 10, 2015, but the said objection was dismissed on March 23, 2016.

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition, as indicated in Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1, 2, and 4, was an accident on April 2015, where the Plaintiff died of the Plaintiff’s wife due to a terrorism of Boan’s armed terrorism, which was committed by Manria’s armed terrorism organization around 2012.

In addition, as the plaintiff was unable to pay the money borrowed from the business fund, the creditor is threatening to pay and pay the money to the plaintiff.

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 seen when adding the respective descriptions of No. 5-1, No. 2, and No. 3 of the above-mentioned facts and the purport of the whole pleadings. The defendant's disposition of this case is legitimate since no other evidence exists

The risk of Bocois is only a social problem because the universal risk existing in Bocois is only a social problem.

arrow