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(영문) 서울행정법원 2017.01.20 2016구단28477
난민불인정결정취소
Text

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 September 15, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) on September 10, 2015, as a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “ASEAN”), and applied for refugee recognition to the Defendant on September 15, 2015.

B. On December 14, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On December 30, 2015, the Plaintiff filed an objection with the Minister of Justice on December 30, 2015, but the said objection was dismissed on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s father’s assertion was the president of the traditional religion that sublime B’s friendship, but it was difficult to say that the Plaintiff should be the successor, since he was the head of the Plaintiff.

As the father of the plaintiff died on February 29, 2012, the plaintiff's relatives and members of the village council demanded that the plaintiff succeed to the status of the president after finding the plaintiff, and that the plaintiff refused to succeed to the status of the president on December 31, 1997, and the plaintiff's relatives and members of the village council threatened the plaintiff with murdering on their job.

On July 14, 2012, the people of the Village Council completed the funeral of the Plaintiff’s father and sought and again refused the Plaintiff to succeed to the status of the president. The people of the Village Council and relatives of the Plaintiff, who visited the native C Village on December 23, 2012, again requested the Plaintiff to succeed to the status of the president, and the Plaintiff who rejected the status of the president.

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