2012du8922 Revocation of revocation of recognition of refugee non-recognition

A person shall be appointed.

Attorney Lee Jae-soo et al.

The Minister of Justice

Seoul High Court Decision 2011 - 9562 Decided March 30, 2012

March 28, 2013

The judgment below is reversed, and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below determined that the plaintiff's act as a core executive officer of SCNC and was arrested and cruelly informed of his political opinion that the plaintiff would have been released from the KCNC's status, and that the plaintiff would have been released from the KCNC's political opinion, on the grounds that the plaintiff's political opinion would have been admitted to the KCNC's status and character was presented after explaining the history of SCNC, SCNC's confirmation and e-mail (No. 19, 20 evidence No. 15), the plaintiff's agent's written statement (No. 6 evidence), ZC newspaper's written statement (No. 5 evidence) and other evidence, which dealt with the plaintiff's legal opinion that the plaintiff would have been appointed from the KCNC's key executive officer of the SCNC, and that the plaintiff would have been urged to receive medical treatment from the KCC.

2. However, it is difficult to accept the above determination by the court below for the following reasons.

A. Canadian refugees’s reports indicate that Canadian residents produce forged documents including Canadian identification cards and SCNC membership cards for the purpose of applying for the name of another country. In light of the fact that Canadian refugees’s reports on birth, identification cards, marriage certificates, arrest certificates, and release certificates are ordinarily above, and even if they are obviously illegal, open transactions are in progress in the cancer market. The fact that there is no way to verify the identity of the Plaintiff and that some materials were prepared after the application for refugee status of this case, and that there is no way to verify the authenticity of the contents, and that there is no possibility that some materials will be prepared in accordance with the Plaintiff’s interest. Considering that the reports of the Switzerland Refugee refugee Committee submitted by the Plaintiff cannot be trusted in light of the contents and the time of publication of articles, it is reasonable for the Plaintiff to consistently consider that there is no way to recognize that the Plaintiff’s submission of these documents was made within Canadian refugee status and that there is no way to believe that the Canadian refugee status could be easily recognized. The same applies to the Plaintiff’s submission of these documents.

C. Nevertheless, the lower court determined that the Plaintiff constitutes a refugee without sufficiently examining whether the Plaintiff’s authenticity of the document submitted by the Plaintiff is recognized or the content thereof is trustable, whether the Plaintiff’s statement is consistent and persuasive, whether the Plaintiff’s status and role in SCNC can be recognized, and whether there is a possibility of imminent harm. In so doing, the lower court erred by misapprehending the legal doctrine on the concept of refugee, thereby adversely affecting the conclusion of the judgment, and by failing to exhaust all necessary deliberations, the allegation in the grounds of appeal assigning this error is with merit.

3. Conclusion

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Sang-hoon

Justices Shin Young-young

Justices Kim Yong-deok

Justices Kim So-young