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(영문) 서울행정법원 2020.11.25 2020구단69109
난민불인정결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 31, 2017, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) foreigner, and applied for refugee status to the Defendant on February 3, 2020.

B. On May 25, 2020, the Defendant rendered a decision on May 25, 2020 on the recognition 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.

(hereinafter “Disposition in this case”). 【No dispute over the grounds for recognition】 The entry in Gap’s 1 through 3 (including each number, if any; hereinafter the same shall apply), Eul’s 1, 2, and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff arrested the members of the organization B, which is an illegal organization of the anti-government, while serving in the police from four arms, who are nationality countries.

Accordingly, the members of the above illegal organization threaten the Plaintiff to murder.

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

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.

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