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(영문) 서울행정법원 2019.09.25 2019구단9774
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 16, 2017, the Plaintiff entered Korea as a foreigner of the nationality of the Republic of Uibya (hereinafter “Uibya”), and applied for refugee recognition (hereinafter “instant application”) to the Defendant on May 26, 2017, by entering Korea as a short-term visit (C-3) sojourn status.

B. On September 19, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently reasonable fear 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 October 8, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

【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’s assertion was threatened by assault and adviser, etc. on the ground that the Plaintiff joined Islamic schools as a sashion to a sashion.

Therefore, the disposition of this case, which was taken on different premise, is unlawful, even though the Plaintiff was injured by persecution, which is a nationality state, for religious reasons.

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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