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 January 6, 2017, the Plaintiff filed an application for recognition of refugee with the Defendant as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”).
B. On May 26, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on June 27, 2017, but the Minister of Justice dismissed the objection on March 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was believed to believe that he had dealt with it since 2001, and the Plaintiff had been continuously engaged in the training for 20 hours a week and more than 3 hours a week, and around 2013, he completed the training with other 3 persons at the restaurant operated by the Plaintiff and was discovered to the Chinese public security authority and was arrested and detained for 20 days, and the Plaintiff was subject to a disposition of suspension of business for 20 days.
If the plaintiff returned to China, it is clear that the plaintiff would be stuffed on the ground that he was a newborn baby residing in the Chinese government, so the plaintiff should be recognized as a refugee.
B. In order for a person to be recognized as a refugee, a person who entered Korea under the same stuff as arrest or detention of having been subject to punishment in China, and returned to China, has a well-founded fear of persecution by the Chinese government, or a person who has actively and leading activities related to patriarche while staying in Korea and returned to China, who has reached the attention of the Chinese government, shall be subject to persecution by the Chinese government.