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(영문) 서울행정법원 2016.06.16 2016구단7289
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 January 13, 2014, the Plaintiff filed an application for refugee status with the Defendant on February 6, 2014 while entering and staying in the Republic of Korea for short-term visit visa (C-3).

On December 9, 2014, 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 that would be subject to 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 17, 2015, but the said objection was dismissed on the same ground as September 24, 2015, and the decision of dismissal was notified to the Plaintiff on March 8, 2016.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to whether the instant disposition as indicated in Gap’s Nos. 1 through 4, Eul’s Nos. 1 and 2 is legitimate, and the Plaintiff, depending on his father, who is the president of traditional religion and religion, has joined the traditional religion as a classical religion around 204.

However, after the Plaintiff’s father died on September 17, 2012, the Plaintiff’s father demanded the Plaintiff to succeed to the president’s position, and as the Plaintiff refused it, the Plaintiff’s father threatened the Plaintiff and concealed the Plaintiff from the direction.

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

In addition to the purport of the entries and arguments in the above facts of recognition Nos. 3 and 4, it is not sufficient to view that the plaintiff has a well-founded fear of persecution, taking into account the following circumstances, and there is no evidence to prove otherwise, the defendant's disposition of this case is legitimate.

Naria is about 40% of the total population of the Maternia, and in particular, the male father is the Maternia.

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