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(영문) 서울행정법원 2017.03.23 2016구단25461

난민불인정결정취소

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

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), and 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. In full view of the following circumstances revealed by the respective statements and arguments of the evidence Nos. 1 through 12 (including each number) and the purport of the entire pleadings, it is insufficient to view that the Plaintiffs have “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group or political opinion,” even if considering all the evidence submitted by the Plaintiffs and all the circumstances alleged by the Plaintiffs, there is insufficient evidence to acknowledge it otherwise.

Therefore, each of the dispositions of this case by the defendant, which did not recognize the plaintiffs as refugee, is legitimate.

1. At the time of refugee interview, the plaintiffs are merely general new roads without any special status of full-time instructors, and they are arrested due to activities related to full-time instructors in China.