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(영문) 서울행정법원 2019.04.24 2018구단22411
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 April 16, 2012, the Plaintiff entered Korea as a foreigner of the nationality of the Republic of Austria (hereinafter “ASEAN”), and applied for recognition of refugee status (hereinafter “instant application”) to the Defendant on November 10, 2017, by entering Korea as a temporary coverage (C-1) sojourn status.

B. On May 1, 2018, 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 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 May 8, 2018, but the Minister of Justice dismissed the objection on September 14, 2018.

【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 asserted that he had been a church pastor in Austria, and that he was threatened with the life from Islamic stimulists and entered the Republic of Korea as the damaged Republic of Korea.

The instant disposition, which was taken on a different premise, was unlawful, even though the Plaintiff was stuffed for religious reasons in Austria.

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 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 at least the course of entry, the period from entry to entry, and the process of applying for refugee status.

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