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(영문) 서울행정법원 2020.01.29 2019구단17348

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. On October 25, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Kazakhstan (hereinafter “Kazakhstan”), and applied for refugee status (hereinafter “instant application”) to the Defendant on February 27, 2017.

B. On March 6, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fear that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees cannot be recognized as the requirement of refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 15, 2018, but the Minister of Justice dismissed the objection on May 27, 2019.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 through 3, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the Islamic believers, and was threatened with the Kazakhstan, a country of nationality, to open the Plaintiff from the Kazahstan to the Habthm.

The disposition of this case, which was taken on different premise, is unlawful, even though the Plaintiff was injured by khovastan by reason of religion.

B. Determination 1) The fact that an applicant for refugee status has “abruptly-founded fear” on the grounds of “a person’s race, religion, nationality, status as a member of a specific social group, or political opinion” ought to be attested by the refugee applicant (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this context, in light of the special circumstances of the relevant refugee, the applicant cannot require the relevant foreigner to prove the entire alleged facts based on objective evidence, but in order to be recognized as a refugee, the applicant’s statement is consistent and persuasive, and at least the course of entry, the period from entry to entry, the background of the application for refugee status, the situation of the country of nationality, and subjectively.