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 15, 2017, the Plaintiff, a Chinese national, entered Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and applied for refugee status to the Defendant on February 17, 2017.
B. On March 8, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff was notified of the instant disposition on March 24, 2017, and filed an objection with the Minister of Justice on April 17, 2017, but the said objection was dismissed on October 11, 2017.
[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is the plaintiff's plaintiff's assertion, and the Chinese government continues to engage in gambling for the plaintiff's reasons that he/she is not allowed to engage in the training for the plaintiff's old-age in China.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act and Article 2 subparag. 1 of the Refugee Act and “persecution” which is a requirement for recognition of a refugee mean “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom.”