난민불인정결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (2) below, and therefore, it shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
The plaintiff asserts that "The plaintiff has no regular membership in the Unslateral Zone." After entering the Republic of Korea, a criminal judgment was pronounced that "the plaintiff supported the Unslateral Zone and the Free will, therefore, sentenced to five years of imprisonment without prison labor." Since the return to Korea with Egypt could be arrested and detained, there is a well-founded fear that can be recognized as being imprisonable on the grounds of a political opinion."
In order for a document submitted as an official document of a foreign country to be presumed to have been authentic, the method of document submitted should be externally consistent with the method of official document prepared by the foreign public institution, and it should be recognized that the document was prepared in the course of performing its duties
In reality, in the case of foreign official documents submitted by many refugee applicants who have difficulty in securing evidence to prove the authenticity of official documents, it is not necessarily necessary to prove the authenticity by strict methods, but at least there is considerable reason to recognize that the document is a foreign official document objectively in light of all the circumstances, such as the form, content, and the process of acquisition of the document.
(See Supreme Court Decision 2013Du14269 Decided March 10, 2016). However, the “written judgment of the court of first instance (Evidence A) submitted by the Plaintiff cannot be deemed as having considerable grounds to recognize that public officials were prepared in the course of performing their duties in light of the form, content, and preparing entity. The same applies to cases where the Plaintiff’s special circumstances are considered.
On the other hand, the plaintiff is given the above judgment on the third day for pleading.