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(영문) 서울고등법원 2018.07.25 2018누45390
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the disposition of this case is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the court’s reasoning for this part is the same as the reasoning of the judgment of the first instance.

2. Whether the instant disposition is lawful

A. The plaintiff's plaintiff's assertion is a hydropathm, and the plaintiff's assertion was refused to take part in his organization from the post-Ethms, an armed force of the Asia, who was requested to participate in his organization.

On September 7, 2014, Ethremon kills the plaintiff's home and the plaintiff's home.

Plaintiff

In addition, if you return to their home country, it is likely to be threatened with life or physical freedom from the latter group.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 subparag. 1 of the Refugee Act of 1 related legal principles defines a refugee as “foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.”

This is generally consistent with the definition of refugee in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol, which has the same effect as the domestic law, concluded and ratified by the Republic of Korea.

On the other hand, a foreigner who files an application for refugee status verifying that there is a "comfortable fear" subject to persecution, is unable to require the foreigner to prove the entire alleged facts based on objective evidence in consideration of the special circumstances of the foreigner, and the foreigner is consistent and persuasive in his/her statement, and the foreigner is present after entry.

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