난민불인정결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of the court of first instance is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the addition of the following Paragraph 2 to the judgment on the matters for which the plaintiff asserts again in the trial of the court of first instance. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
The term "date of filing an objection" in the second letter of the judgment of the court of first instance is replaced by the term " March 2, 2016".
The third and nine court rulings of the first instance court are replaced by each "this Court" to each "Seoul Administrative Court."
2. Additional determination
A. The plaintiff's assertion was made after entering the Republic of Korea and continued to provide information about the gambry of the Chinese government's patriarchs, participated in various events and assemblies related to the patriarch, and the Matrinet as a member of the band at the events related to the patriarch.
Therefore, the plaintiff should be recognized as a refugee since the above activities in the Republic of Korea could be detrimental to the Chinese government when he/she returns to China.
The instant disposition made by the Defendant on a different premise is unlawful.
B. 1) Determination 1) The term “persecution” which is a requirement for refugee recognition refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom,” and a foreigner applying for refugee status must prove that there is a “a sufficient well-founded fear of harm.”
(see, e.g., Supreme Court Decision 2011Du12689, Dec. 12, 2013). Accordingly, in order for a trainee of the Pakistan to be recognized as a refugee, a person who entered the Republic of Korea after having been subject to punishment in China due to an act related to the Rose of Sharon, such as arrest or detention, and returned to China.