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(영문) 서울행정법원 2019.08.21 2019구단8368

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 February 27, 2017, the Plaintiff entered Korea as a foreigner of the nationality of the Republic of Naria (hereinafter “Naria”) as a short-term visit (C-3) and applied for refugee status to the Defendant on March 15, 2017 (hereinafter “instant application”).

B. On April 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 June 5, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 3, and Eul evidence 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was the believers of the Korean War, and was in receipt of the Plaintiff’s request for a species of traditional religion, sublimeing friendship from the Plaintiff’s three degrees of nationality, and was threatened with life.

Therefore, the disposition of this case, which was made on a different premise, is unlawful, even though the plaintiff is threatened with life, if it returned to Austria.

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 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 the applicant’s entry route and after entry.