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(영문) 서울행정법원 2017.02.10 2016구단24710

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 Chinese nationality foreigners.

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 to deny refugee status on the relevant date indicated in the attached Table No. 1, on the ground that there is no “probient fear that the Plaintiffs would suffer from persecution.”

(hereinafter referred to as "each disposition of this case"). . [The grounds for recognition] did not dispute, Gap 1 through 5, Eul 1, 2 (including each number, hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiffs alleged that they are the F. F.I.D., and they are likely to suffer from persecution by the Chinese government. Thus, each of the dispositions in this case is unlawful.

B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion (see, e.g., Supreme Court Decision 201Du14269, Mar. 10, 201) or a stateless foreigner who, due to such fear, could not return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act, which is a requirement for recognition of refugee status, “an act causing serious infringement of or discrimination against essential human dignity, including threats to life, body, or freedom.” In particular, a foreigner who applies for recognition of refugee status must prove that he/she is subject to such persecution (see, e.g., Supreme Court Decision 2013Du14269, Mar. 10, 2016).