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(영문) 서울행정법원 2019.04.12 2019구단470
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 is a foreigner of Austrian nationality.

On January 24, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for refugee status to the Defendant on February 13, 2017 after the expiration of the sojourn period.

B. On February 13, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 19, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

On November 13, 2018, the Plaintiff received a notice of dismissal decision of an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the summary of the Plaintiff’s assertion, there was an organization “B” (hereinafter “instant organization”) in the area in which the Plaintiff resided in the Republic of Korea.

The organization of this case murdered 45 people in total.

Due to this day, the government officials were conducting an investigation, and at the time the plaintiff was true about the behavior of the organization of this case.

Since then, the plaintiff is threatened with murder by the organization of this case.

Therefore, even though there is a well-founded fear that the plaintiff will suffer persecution in case of return to Austria, the defendant's disposition of this case which did not recognize the plaintiff as a refugee on a different premise should be revoked as it is unlawful.

B. Article 1 and Article 2 Subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention.

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