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(영문) 제주지방법원 2018.07.18 2018구합30
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, as foreigners of their nationality in the People’s Republic of China (hereinafter “China”), entered the Republic of Korea and applied for refugee status.

B. The Defendant cannot be deemed as having “a well-founded fear that the Plaintiffs would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees, and thus, issued each decision of non-recognition of Refugees (hereinafter “each of the dispositions of this case”) against the Plaintiffs on each date stated in the claim.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 20, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Whether each disposition of this case is lawful

A. The plaintiffs' assertion is likely to be detrimental to the religious gambling by the Chinese government on the ground that they were engaged in E activities when they return to China as the believers of "E church" (hereinafter "E").

Nevertheless, each of the dispositions of this case which did not recognize the plaintiffs as refugee should be revoked in an unlawful manner.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice or the head of the Regional Immigration Service shall recognize any foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee under the Refugee Convention at the request of the foreigner.

Here, “persecution” which is a requirement for recognition of refugee status refers to “any act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.”

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