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(영문) 서울행정법원 2019.05.22 2018구단77107

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 4, 2016, the Plaintiff, as a foreigner of the nationality of the Republic of Man (hereinafter “Man”), entered the Republic of Korea as a short-term visit (C-3) sojourn status, and filed an application for recognition of refugee status (hereinafter “instant application”) with the Defendant on November 1, 2016.

B. On January 26, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears 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 Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on February 8, 2018, but the Minister of Justice dismissed the objection on September 14, 2018.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap's evidence of subparagraphs 1 through 4, and Eul's evidence of subparagraphs 1 through 4, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a threat of murdered by the Plaintiff’s wife on the ground that the Plaintiff moved from Islamic bridge to sashion.

Therefore, the disposition of this case, which was taken on different premise, is unlawful, even though the Plaintiff was injured for religious reasons in the Republic of Korea as a nationality state.

B. Determination 1) The fact that an applicant for refugee status has “contributably based fears” 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 status applicant (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this context, in light of the special circumstances of the relevant foreigner, the applicant cannot require the relevant foreigner to prove all facts alleged based on objective evidence. However, in order to be recognized as a refugee, the applicant is consistent and persuasive in the statement of the applicant for refugee status, and at least he/she feel subjectively.