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(영문) 서울행정법원 2018.10.04 2018구단63191
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on February 16, 2017, as a foreigner of the nationality of the People’s Republic of China (People’s Republic of China, hereinafter “China”), with the status of stay C-3 (short-term visit).

B. On March 6, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant. On May 29, 2017, the Defendant issued a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol Relating to the Status of Refugees.

C. On June 22, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. In around 2015, the Plaintiff asserted that the Plaintiff started training of patriarche after receiving a leaflet leading to the promotion of patriarche while staying in the Republic of Korea.

The plaintiff, around December 2016, 2016, she was frighted to publicize the patriarche in the aircraft that return to China, and she reported this to the Chinese official territory and was arrested from the official design at the house located in China.

After being arrested, the plaintiff was detained for about one week, but the fine within 500s could have been imposed and released.

If the plaintiff returns to his own country, it is likely to threaten the life or physical freedom of the Chinese government on the ground of the training of the patriarche.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status.

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