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(영문) 서울행정법원 2016.11.24 2016구단61214
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 August 29, 2015, the Plaintiff filed an application for refugee status with the Defendant on September 7, 2015, when he/she entered and stayed in the Republic of Korea for short-term visit visa (C-3) on August 29, 2015.

On December 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 January 25, 2016, but the said objection was dismissed on the same ground as May 31, 2016, and the decision of dismissal was notified to the Plaintiff on June 23, 2016.

【In the absence of any dispute, the Plaintiff’s assertion as to the legitimacy of the disposition of this case against Gap’s evidence Nos. 1 through 5, Eul’s evidence Nos. 1 and 2 and video No. 1 and video No. 2 is an alien of Egbo, which was designated as the next president from the head of the Village Traditional Religious History around 2012, and as the Plaintiff refused it, the village president threatens the Plaintiff’s mother.

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.

When based on objective state situation, Maliria accounts for 40% of the total population, and in particular, Maliology is in harmony with Maliology and traditional religion, and Maliology is from traditional religion faith.

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