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, a national of the People’s Republic of China (hereinafter “China”), entered the Republic of Korea with a short-term visit (C-3) status on June 21, 2016, and applied for refugee status to the Defendant on August 17, 2016.
B. On August 25, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on September 21, 2016, but the Minister of Justice dismissed the objection on April 21, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion began to train the pathic pathic pathic pathic from April 2014 to B, and the Plaintiff’s assertion is likely to be arrested as a result of being arrested in the official pathic around December 2015 to return to his country.
For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.
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 to be recognized as a refugee, a person who entered Korea after being arrested or detained as an activity related to the Pakistan, which is subject to punishment in China, and returned to China by the Chinese government, if he/she returns to China.