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(영문) 서울행정법원 2017.01.23 2016구단28729
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 December 7, 2014, the Plaintiff applied for refugee status to the Defendant on December 15, 2014 while entering and staying in the Republic of Korea for short-term visit visa (C-3 and 15 days of sojourn) as an alien of the nationality of the Republic of Austria (hereinafter referred to as "ASEAN").

On January 12, 2016, 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.

The Plaintiff filed an objection with the Minister of Justice on February 3, 2016, but the said objection was dismissed on the same ground as June 30, 2016, and the said dismissal decision was notified to the Plaintiff on August 17, 2016.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition as indicated in Gap’s Evidence Nos. 1 through 3, Eul’s Evidence Nos. 1 and 2 is the Egbo person of Egbo, and the father, the president of the village traditional religion, died in around 2012, and the villagers forced the Plaintiff to succeed to the president’s position, and threaten the Plaintiff.

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

If the above facts are added to the contents of evidence Nos. 3 and 4 and the purport of the whole pleadings, it is insufficient to view that the plaintiff has a well-founded fear of persecution to the plaintiff, taking into account the following circumstances, and there is no evidence to prove otherwise, the defendant's disposition of this case is legitimate.

When based on objective state situation, Maliria accounts for 40% of the total population, and in particular, Maliology is in harmony with Maliology and traditional religion, and Maliology is religious reasons from traditional religious believers.

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