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(영문) 서울행정법원 2015.09.24 2015구단8476
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 9, 2013, the Plaintiff applied for refugee recognition to the Defendant on September 16, 2013 while entering the Republic of Korea for short-term visit visa (C-3, date of expiration: October 1, 2013) and staying there on July 9, 2013.

On June 18, 2014, the Defendant rendered a disposition not to approve 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 July 14, 2014, but the said objection was dismissed on April 2, 2015.

[Ground of recognition] The plaintiff's assertion as to the legitimacy of the disposition of this case as stated in Gap's No. 1 through 3 (including virtual numbers), Eul's No. 1 and No. 2 was caused by an accident where the plaintiff's mother and female mother were killed due to a bruth terrorism over two times of Bogo (Igbo) which occurred around 2013.

Since then, the plaintiff was shotly able to be threatened with life and body as a shotist, and the plaintiff entered the Republic of Korea to be damaged by the shotis.

As such, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful despite high possibility that the Plaintiff would suffer from persecution when she 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.

Even if all the claims by the Plaintiff are asserted by the Plaintiff, the Plaintiff’s mother and female mother are in a non-discriminatory large scale.

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