난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 25, 2016, the Plaintiff entered the Republic of Senegal (hereinafter “Senegal”) as a foreigner of the nationality, and applied for recognition of refugee status (hereinafter “instant application”) to the Defendant on February 17, 2017, by entering the Republic of Korea as a short-term visit (C-3) sojourn status.
B. On July 30, 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 September 7, 2018, but the Minister of Justice dismissed the objection on April 10, 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 asserted that the Plaintiff was a Islamic believers in the Senegala, a nationality country, but tried to open to a flag for marriage with a woman-friendly Gu, a flag, and a flag for marriage.
As above, the Plaintiff’s family members and friendships of the Plaintiff were threatened by threatening the Plaintiff to murder.
If the Plaintiff returned to the Republic of Korea as above, the instant disposition taken on a different premise is unlawful, even though it was detrimental to persecution for religious reasons.
B. Determination 1) The fact that an applicant for refugee status has “contributedly-founded 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 applicant (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In such cases, in light of the special circumstances of the refugee status, the applicant cannot require the relevant foreigner to prove the entire alleged facts based on objective evidence, but to be recognized as a refugee.