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(영문) 서울행정법원 2018.09.12 2018구단60901
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. The Plaintiff entered the Republic of Korea on November 24, 2016 under the short-term visit (C-3) status as a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “Naria”), and applied for refugee status to the Defendant on November 28, 2016.

B. On March 28, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On April 27, 2017, the Plaintiff filed an objection with the Minister of Justice on April 27, 2017, but the objection was dismissed on December 7, 2017.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff was a member of the above organization, such as the Plaintiff’s origin from Egbo, residing in the Republic of Korea, etc. of the south of Manaria, and the Plaintiff was a member of the said organization, such as the development of Egbo’s residence area around 2013 or around 2014, and the participation in B, an independent country of Egra, for Egra, the Republic of B, an independent country of Egra.

In order to avoid the risk of being arrested, the Austrian Government arrested those who are members solely on the ground that they joined B's activities as members, and the Plaintiff also moved to Korea with their family members from early 2015. If the Plaintiff returned to Korea due to Austrian, the Plaintiff would be boomed by the Austrian Government on the ground that he had worked as members of the past group B, and eventually, there is a well-founded fear that the Plaintiff would be imprisoned for reasons of his status or political opinion, which is a member of a specific social group.

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