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(영문) 서울행정법원 2017.01.19 2016구단26204
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 June 30, 2015, the Plaintiff filed an application for refugee status with the Defendant on July 22, 2015, while entering and staying in the Republic of Korea for short-term visit visa (C-3 and 30 days of sojourn) on June 30, 2015.

On October 28, 2015, 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 of 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 November 23, 2015, but the said objection was dismissed on the same ground as March 23, 2016, and the decision of dismissal was notified to the Plaintiff on August 1, 2016.

【The Plaintiff’s family members asserted as to whether the instant disposition was legitimate or not, without any dispute, Gap’s Nos. 1 through 3, Eul’s Nos. 1 through 4, and 6, and the instant disposition. The Plaintiff’s family members asserted as to whether the instant disposition was legitimate, and, as for the Plaintiff’s Plaintiff’s parents, Gap’s Plaintiff’s parents died around around 2013.

In this regard, the plaintiff destroyed Magman's Party, and the members of Magman caused the plaintiff to kill and kill the plaintiff around August 2014.

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 light of the following circumstances, it is not sufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the following circumstances, when adding the respective descriptions and the purport of the evidence No. 4-1, No. 2, No. 7-1, No. 7-2, and No. 8 to the above facts, the Defendant’s disposition of this case is legitimate since no other evidence to acknowledge it exists.

The reason for the application for refugee status of the plaintiff is religious reason.

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