beta
(영문) 서울행정법원 2017.04.19 2016구단54995

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 are foreigners of Chinese People's Republic of China (hereinafter "China").

The Plaintiffs filed an application for recognition of refugee status with the Defendant on the relevant date indicated in the attached Table No. 1.

B. The Defendant rendered a decision not to grant refugee status on the corresponding date indicated in the attached Table No. 1, on the ground that there is no “a sufficient well-founded fear that the Plaintiffs would suffer from persecution.”

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

Accordingly, the plaintiffs raised an objection to the Minister of Justice on each date stated in the attached Table No. 1, but the above objection was dismissed on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, 4, and 5 (including each number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiffs' assertion is against the disposition of this case on the ground that the Chinese government might be frightened on the ground that they participated in the frightening activity if they were back to their home country as the Nrighten one of the Nices (hereinafter referred to as the "Nices").

B. “persecution” that serves as a requirement for recognition of refugee status 1 refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for recognition of refugee status must prove that such persecution is “a sufficient well-founded fear.”

Therefore, in order for the former to be recognized as a refugee, a person who entered Korea due to the same gambling as arrest or detention due to the activities related to the former who are subject to punishment in China and who has a well-founded fear that if returned to China, it might be detrimental to the Chinese government, or who is in Korea.