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(영문) 서울행정법원 2018.07.05 2018구단8552
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 August 23, 2016 with the status of stay C-3 (short-term visit) status as an alien of the nationality of the Republic of ASEAN (Federia, hereinafter “ASEAN”).

B. On September 20, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 23, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On April 24, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff was deceased in 2003 and his parents did not inherit the miscarriage alone.

However, the reason that the plaintiff's three villages have yet to be managed by the plaintiff is that he will manage the heritage.

From around 2005, the Plaintiff began to demand the third village to return the miscarriage, and the third village agreed not to return the heritage unless the Plaintiff, who believed to do so, did not change to Islamus, and the Plaintiff also threatened the Plaintiff to kill the Plaintiff as he refused to do so.

In the event that the plaintiff goes back to Hungary, it is likely to be threatened with the plaintiff's life or physical freedom from the third village of the plaintiff.

Nevertheless, the plaintiff's application for refugee status is rejected.

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