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(영문) 서울행정법원 2019.10.23 2019구단11791

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 3, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on October 30, 2017, by entering the Republic of Korea as a short-term visit (C-3) sojourn status.

B. On March 2, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears which would be prejudicial to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees cannot be recognized as the requirement of refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on April 17, 2018, but the Minister of Justice dismissed the objection on May 27, 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's assertion was operated in the country of nationality, and the person who managed the above business fund brought money to the plaintiff without the plaintiff's permission.

Accordingly, a person who brings money to return the money to the Plaintiff threatened the Plaintiff and assaults the Plaintiff, and also threatened the Plaintiff with murder.

Therefore, even if the Plaintiff’s return to Pakistan is likely to pose a threat to life or physical freedom as above, the Defendant’s disposition that rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

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 applicant, the relevant applicant requires the relevant foreigner to prove all facts alleged based on objective evidence.