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. The Plaintiff, a national of the People’s Republic of China (hereinafter “China”), entered the Republic of Korea with a short-term visit (C-3) status on November 19, 2016, and applied for refugee status to the Defendant on December 9, 2016.
B. On February 21, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 24, 2017, but was dismissed on October 11, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion was arrested in the Chinese official code on the ground that “the Plaintiff was arrested on December 15, 2003 on the ground that he was aware that he had become aware of the ancient cities dealt with by the introduction of a high-speed line.”
On January 14, 2014, the Plaintiff was forced to waive his or her treatment while being detained by the police for a period of 30 days, and could have prepared a letter of waiver of his or her treatment and released from the police.
Therefore, if the plaintiff returned to China, there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality cannot be protected due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.