logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.10.10 2018구단12377
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 May 30, 2017, the Plaintiff entered the Republic of Senegal (hereinafter “Senegal”) as a foreigner of the nationality, and applied for refugee status to the Defendant on June 30, 2017, when entering the Republic of Korea as a short-term visit sojourn.

B. On July 21, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that 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 as a “ sufficiently-founded fear of persecution” as a requirement of refugee.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on September 1, 2017, but the Minister of Justice dismissed the objection on March 21, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a Islamic believers who has grown in the Islamic Republic of Senegal, but was changed on March 8, 2017.

Accordingly, the family members and Dong residents of the plaintiff, Islamic believers, were aware of the plaintiff's personality, and assault and insultd the plaintiff continuously.

There is a well-founded fear that if the plaintiff returned to Senegal, the plaintiff's family members and Dong residents would suffer from gambling on the ground of the opening of Senegal.

B. Determination 1) With respect to the fact that an applicant for refugee status has “comfortablely-founded fears” on the grounds of “a person’s race, religion, nationality, status as a member of a specific social group, or political opinion,” the applicant bears the burden of proof (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this case, in light of the special circumstances of the relevant foreigner, the applicant cannot require the relevant foreigner to prove the entire alleged facts based on objective evidence, but, in order to be recognized as a refugee, the applicant is consistent and persuasive in his/her statement at least, and entry.

arrow