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, who was a national of the People’s Republic of China (hereinafter “China”), entered the Republic of China with the Tourism Tong (B-2) status on December 15, 2015, and applied for refugee status to the Defendant on August 22, 2016.
B. On September 20, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 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 under the pressure of the Chinese government on the ground that the idea of Spashion is contrary to the idea of Spashion.
The plaintiff was engaged in the activities of the Rose of Sharon in China, continued the training life of the Rose of Sharon in the Republic of Korea, along with the club fees, and even if they return to China, they cannot waive the activities of the Rose of Sharon.
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. 1) The term “refugee” means 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, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for the recognition of refugee status, such as a threat to life, body or freedom, is against essential human dignity.