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 February 3, 2017, the Plaintiff entered Korea as a foreigner of the nationality of the Republic of Austria (hereinafter “ASEAN”) and applied for refugee status recognition to the Defendant (hereinafter “instant application”) on February 9, 2017, upon entering Korea as a short-term visit (C-1) sojourn status.
B. On January 19, 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 26, 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 evidence 1 through 4, and Eul evidence 1 through 3, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a person who was a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to the Republic of Korea.
Therefore, the instant disposition, which was taken on a different premise, was unlawful, even though the Plaintiff was stuffed for religious reasons in Austria.
B. Determination 1) The fact that an applicant for refugee status has “consumptive 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 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 at least in order to be recognized as a refugee, the applicant’s statement is consistent and persuasive, and entry route, and after entry.