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(영문) 서울행정법원 2017.08.23 2017구단12080

난민불인정결정취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs were foreigners of the Chinese People’s Republic of China (hereinafter “China”), and entered the Republic of Korea on November 12, 2014 with the Tourism Department (B-2) sojourn status, and filed an application for refugee status with the Defendant on the relevant date indicated in the column for the application for refugee status among the following table:

B. The Defendant rendered a decision to deny the status of refugee status on the pertinent date indicated in the following table: (a) on the ground that there is no “a sufficient well-founded fear that the Plaintiffs would be subject to persecution”; and (b) on the same day, each of the Plaintiffs

(hereinafter “each disposition of this case”). (c)

Accordingly, the Plaintiffs filed an objection with the Minister of Justice on the date stated in the table for objection filing as follows, but the said objection was dismissed on December 22, 2016, respectively.

Serial A 1: (a) No. 4 of the date on which an objection is dismissed on the date of the date of the application for refugee status recognition; (b) No. 1: (c) No. 5 of the date of the application for refugee status recognition; (c) No. 14 of the evidence No. 1 to No. 4 of the overall evidence No. 15, Nov. 24, 2015; and (d) No. 5 of the evidence No. 1 to No. 5 of the date of the application for refugee status status; and (e) No. 5 of the evidence No. 1 to No. 4 of the overall evidence No. 5, Nov. 24, 2015; and (e) No. 14441, Mar. 30, 2016; and (e) No. 15281, Feb. 14, 2015; and (e) No. 13748, May 21, 2014>

2. Whether each of the dispositions of this case is legitimate

A. The plaintiffs asserted that the Government of China might be persecutioning on the ground that they participated in G activities if they return to their own as the FG believerss (hereinafter "G"). Thus, each of the dispositions of this case is unlawful.

B. “persecution” which is a requirement for recognition of refugee status 1 refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body or freedom.”