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(영문) 서울행정법원 2019.07.17 2019구단2834
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 January 11, 2017, the Plaintiff entered the Republic of Kazakhstan (hereinafter “Kazakhstan”) as a foreigner of the nationality of the Republic of Kazakhstan (hereinafter “the Republic of Kazakhstan”) and applied for refugee status to the Defendant on March 8, 2017 (hereinafter “instant application”).

B. On December 3, 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 “Disposition in this case”). 【No dispute over the grounds for recognition】 The entry in Gap’s 1 through 3, and Eul’s 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that it was difficult for the Plaintiff to be discriminated against in Kazakh, which is a national state of nationality, with the Macccccccck ethnic, and was threatened to join the religious organization for neighbors.

The disposition of this case, which was taken on different premise, is unlawful, even though the Plaintiff was in a situation of gambling in Kazakhstan.

B. Determination 1) Determination 1) The fact that an applicant for refugee status has “contributedly-founded fears” 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 applicant, the applicant cannot require the relevant foreigner to prove all facts alleged based on objective evidence. However, in order to be recognized as a refugee, the applicant’s statement is consistent and persuasive, at least the course of entry, the period between entry, the applicant’s application for refugee status, the background of the application for refugee status, the state of nationality, the degree of subjective fear, and the political, social, and cultural environment of the region in which

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