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 February 20, 2017, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”), and applied for refugee status on February 23, 2017 while staying there.
B. On March 23, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff does not constitute “a sufficiently-founded fear that the Plaintiff would be subject to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.”
C. The Plaintiff filed an objection with the Minister of Justice on May 2, 2017, but was dismissed on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion has entered the country since March 2008, and there is a risk that the plaintiff may be arrested in the police because the Chinese government has illegally defined the Rose of Sharon.
Therefore, even though the Plaintiff’s status as a member of a religion or a specific social group constitutes a refugee suffering from persecution, the Defendant’s disposition of this case, which was made in a different transition system, is unlawful.
B. To be recognized as a refugee, a person who entered Korea by having been subject to punishment in China due to arrest or detention and has a well-founded fear of persecution from the Chinese government when returning to China, or a person who has a sufficiently well-founded fear of persecution from the Chinese government when he/she stays in Korea to the extent that the Chinese government is able to pay attention to China due to active and leading activities related to patriarche while staying in Korea. In order to be recognized as a refugee, a person who has a well-founded fear of persecution from the Chinese government.
Supreme Court Decision 201No. 201.