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(영문) 서울행정법원 2020.01.22 2019구단16925
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 5, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on December 2, 2016, by entering the Republic of Korea as a short-term visit (C-3) sojourn status.

B. On March 21, 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 Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on April 9, 2018, but the Minister of Justice dismissed the objection on July 30, 2019.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 through 3, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff operated the original unit price in Pakistan, a country of nationality, and received money from the Plaintiff’s organization B.

When the plaintiff refused it and reported to the police, B's organization threatened the plaintiff with murder.

Therefore, even if the Plaintiff’s return to Pakistan is likely to pose a threat to the Plaintiff’s life or physical freedom, the Defendant’s disposition that rejected 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 refugee, the applicant cannot require the relevant foreigner to prove the entire alleged facts based on objective evidence, but to be recognized as a refugee.

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