logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.03.18 2019구단17034
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 November 20, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the other Kingdom of Thailand (hereinafter “Tailand”), and applied for refugee status to the Defendant on October 18, 2017, when entering the Republic of Korea as a visa exemption (B-1) status.

B. On July 29, 2019, 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 Relating to the Status of Refugees cannot be recognized.

(hereinafter “Disposition in this case”). 【No dispute over the grounds for recognition”, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined a political party in Thailand, a nationality country, in 2010, and served as a party member.

In 2014 and 2016, the Plaintiff participated in the demonstration against the military regime, and military personnel tried to find the Plaintiff’s workplace and office and arrest the Plaintiff.

Therefore, if the plaintiff returns to her home country, it is likely to threaten the government's life or physical freedom.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

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 applicant (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this context, in light of the special circumstances of the relevant refugee, the applicant cannot require the relevant foreigner to prove the entire alleged facts based on objective evidence, but at least is consistent and persuasive in the statement of the applicant for refugee status in order to be recognized as a refugee.

arrow