(영문) 서울행정법원 2017.11.30 2017구단74644

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(영문) 서울행정법원 2017.11.30 2017구단74644

난민불인정결정취소

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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. On July 9, 2014, the Plaintiff filed an application for refugee status with the Defendant on July 16, 2014 while entering the Republic of Korea as a short-term visit (C-3) sojourn status on July 9, 2014.

B. On January 15, 2016, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized “ sufficiently based fears that would be detrimental to persecution” as the requirements for refugee status prescribed under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On January 28, 2016, the Plaintiff filed an objection with the Minister of Justice on January 28, 2016, but rendered a decision dismissing the Plaintiff’s application on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4 (including provisional number), the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was from around 2012, the Plaintiff joined a self-satise against Bosaton in the Bosata region of Bosata and Bosata, and was at risk of being able to kill Bosat for this reason, and was at risk of being able to murder with several guns, and lost his/her family as a brue terrorism of Bosat.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the plaintiff was at the risk of attack from Bocoopa when the plaintiff returned to Austria.

B. In full view of the following circumstances, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the above facts of recognition and the purport of the evidence Nos. 3 and 5 as well as the entire arguments, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

The risk of 1 Bocois is only a social issue, and security is uneasy due to Bocois.

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