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(영문) 서울행정법원 2014.12.18 2014구합14273
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 August 4, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on August 4, 2013, and filed an application for refugee status with the Defendant on August 22, 2013.

B. On December 30, 2013, the Defendant rendered a disposition of non-recognition of 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. The Plaintiff filed an objection with the Minister of Justice on February 4, 2014, but the said objection was dismissed on June 27, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 3, and 5 (including branch numbers; hereinafter the same applies) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a parasianianian Egbo (Igbo), and was a female-friendly group of students who believe Islamic intercourse in the Republic of Korea located in the north of Austria, around 2011.

Muslim has carried arms, such as knife and knife, on November 15, 2012, and found it at the biological wave site of female-friendly families, and on the ground that the Plaintiff, who is a slife, tried to marry with the slife woman-friendly women, was threatened with the Plaintiff, and during that process, the Plaintiff’s her natives were injured.

In addition, on April 10, 2013, the Plaintiff was engaged in a matrimonial engagement with female-friendly families. On April 30, 2013, Musslim found in a store operated by the Plaintiff’s father and killed the Plaintiff’s father for the same reason.

Therefore, the disposition of this case is taken on a different premise, as the plaintiff's return to Austria is likely to be harmful to persecution for the above reasons.

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