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(영문) 서울행정법원 2017.01.19 2016구단28422
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 May 5, 2014, the Plaintiff applied for refugee status to the Defendant on May 15, 2014 while entering the Republic of Korea for short-term visit visa (C-3 and 30 days of stay) on May 5, 2014.

On April 15, 2016, 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 May 2, 2016, but the said objection was dismissed on September 9, 2016.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in the evidence Nos. 1 through 3, Nos. 1 and 2 was threatened with the Plaintiff, such as the Plaintiff’s participation in the church accompanying the Plaintiff around February 14, 2014 by the Boscis members, who were an armed terrorist group, in fact, who had no dispute.

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 above-mentioned facts, it is not sufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the following circumstances, which can be known when adding the contents of Gap evidence Nos. 4, Eul evidence Nos. 3 through 5 and the purport of the whole pleadings. The defendant's disposition of this case is legitimate, since there is no evidence to

Since the risk of Borocis is only a social issue, the universal risk existing in Borocia is only a social issue. Thus, unless there are special circumstances where Borocis is likely to do gambling by specifying the plaintiff, the family members or surrounding persons were killed as Borocis terrorism.

due to or under the Bocois.

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