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(영문) 서울행정법원 2019.04.24 2018구단22947
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 June 4, 2016, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status as a foreigner of the Republic of Korea (hereinafter “NE”) and applied for refugee status to the Defendant on June 13, 2016.

B. On June 22, 2017, 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 August 8, 2017, but the Minister of Justice dismissed the objection on June 12, 2018.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was affiliated with the four countries of nationality, and was demanded by the organization, which was an illegal organization, to join the organization and to pay the donation.

As the plaintiff refused it, he is threatened with murder from the above C organization.

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 “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 status, the applicant cannot require the relevant foreigner to prove the entire alleged facts based on objective evidence, but is the refugee status.

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