난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 12, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”), and applied for refugee status on February 16, 2017 while staying there.
B. On March 29, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff does not constitute “a sufficiently-founded fear that the Plaintiff would be subject to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on April 27, 2017, but the Plaintiff was dismissed on October 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is the general believers of Spain-si, and the Chinese government has illegally defined the Rose of Sharon, and there is a risk that the plaintiff may be arrested in the police.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a religion or a specific social group constitutes a refugee suffering from persecution.
B. To be recognized as a refugee, a person who entered Korea by having been subject to punishment in China due to arrest or detention and has a well-founded fear of persecution from the Chinese government when returning to China, or a person who has a sufficiently well-founded fear of persecution from the Chinese government when he/she stays in Korea to the extent that the Chinese government is able to pay attention to China due to active and leading activities related to patriarche while staying in Korea. In order to be recognized as a refugee, a person who has a well-founded fear of persecution from the Chinese government.
Supreme Court on April 2013