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 October 11, 2014, 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 March 14, 2017 while staying there.
B. On March 27, 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 well-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,” and that the said disposition reached the Plaintiff on April 3, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 4 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has been engaged in B training from around 2012. Since the Chinese government has illegally defined B, it is highly likely that the Chinese government would be stuffed on the ground of the status of a member of a religion or a specific social group.
Therefore, the defendant's disposition of this case, which was made on different premise, is null and void due to significant and apparent defects.
B. In order for judgment B trainees to be recognized as refugees, persons who entered Korea under the same persecution as arrest or detention as those subject to punishment in China, who have a well-founded fear of persecution by the Chinese government when they return to China, or persons who have a well-founded fear of persecution by the Chinese government when they return to China, or persons who have a well-founded fear of persecution by the Chinese government when they return to China when they return to China due to active and leading activities related to B while staying in Korea.
(See Supreme Court Decision 2012Du14378 Decided April 25, 2013).