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 May 20, 2017, the Plaintiff entered the Republic of Senegal (hereinafter “Senegal”) as a foreigner of the nationality, and applied for refugee status to the Defendant on July 26, 2017, when entering the Republic of Korea as a short-term visit (C-3) sojourn status.
B. On January 18, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently reasonable 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 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 28, 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 5, and purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was threatened by assaulting his family members, who are nationality countries, on the grounds that the Plaintiff joined Islamic schools as a scargian.
The instant disposition taken on a different premise is unlawful, even though the Plaintiff was in a state of persecution for religious reasons in the Senegal.
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 status applicant (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this context, in light of the special circumstances of a refugee, the applicant cannot require the relevant foreigner to prove all facts alleged 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, and the nationality country.