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 March 23, 2017, the Plaintiff entered the Republic of Kazakhstan (hereinafter “Kazakhstan”) as a foreigner of its nationality, and applied for refugee status (hereinafter “instant application”) to the Defendant on October 13, 2017, when entering the Republic of Korea as a visa exemption (B-1) status.
B. On January 10, 2019, the Defendant rendered a decision on the recognition 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 January 31, 2019, but the Minister of Justice dismissed the objection on December 23, 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 the believers of the Russia Association, and was forced by the Mussia male-gu.
The plaintiff is threatened by violence from male-gu for the reason that he refused to open a species.
The disposition of this case, which was taken on different premise, is unlawful, even though the Plaintiff was injured by khovastan by reason of religion.
B. Determination 1) The fact that an applicant for refugee status has “contributably based 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 status applicant (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this context, 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; however, in order to be recognized as a refugee, the applicant’s statement is consistent and persuasive, and the course of entry, at least, is consistent and persuasive.