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(영문) 서울행정법원 2016.08.11 2016구단12700
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 July 29, 2015, the Plaintiff filed an application for refugee status with the Defendant on August 10, 2015, when he/she entered and stayed in the Republic of Korea for short-term visit visa (C-3) on July 29, 2015.

On September 21, 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 that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

On October 30, 2015, the Plaintiff filed an objection with the Minister of Justice on October 30, 2015, but the said objection was dismissed as of March 23, 2016.

【The Plaintiff’s father’s assertion as to the lawfulness of the instant disposition in the instant case as indicated in Gap’s No. 1 through 4, Eul’s No. 1, 2, and 4 was a member of Ogbon (Ogbon) and died on March 2015 after withdrawal of the said organization.

After all, the members of the above local council forced the plaintiff to join the local council and are threatening.

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 insufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the following circumstances, which can be seen when adding the respective descriptions of evidence Nos. 5-1, 2, 3, and 5 and the purport of the entire pleadings in the above facts acknowledged as above. The Defendant’s disposition of this case is lawful since there is no evidence to acknowledge otherwise.

In accordance with objective state situation, Ogmann't have any circumstance that is composed of senior public officials, doctors, legal professionals, etc. to believe that they are forced to join a local group or to exercise violence on the ground of withdrawal.

Ogman, Egret.

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