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(영문) 서울행정법원 2016.09.23 2016구단52487
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 filed an application for refugee status with the Defendant while entering and staying in the Republic of Korea as follows.

1) Plaintiff A: (a) enter into the Republic of Korea on October 9, 2014 (B-2); (b) Plaintiff B: (c) entry into the Republic of Korea on October 14, 2014 (B-2); and (d) entry into the Republic of Korea on October 16, 2014 (B-2); and (b) entry into the Republic of Korea on October 21, 2014 (B-2); and (c) Plaintiff C: (a) entry into the Tourism Department (B-2) on October 30, 2014; and (b) application for refugee recognition on November 4, 2014.

B. On January 14, 2015, the Defendant rendered a decision of non-recognition of refugee status (hereinafter each of the instant dispositions) against Plaintiff A on January 21, 2015, and against Plaintiff C on January 24, 2015, on the ground that there is no “a well-founded fear that he would be subject to persecution” as a requirement for refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, Eul 3 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiffs asserted as follows and sought revocation of each of the dispositions of this case on the grounds that the disposition of this case is unlawful.

1) The Plaintiff A’s mother believed her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

(2) After entering the Republic of Korea and entering the Republic of Korea, the Chinese police performed his duties in advance from the time of entering the Republic of Korea to the time of entering the Republic of Korea. The Chinese police conducted conduct and surveillance in order to detect and punish the former and the latter, and during this process, the Plaintiff’s father and the members of the Dong are arrested. Therefore, the Plaintiff’s return to China is likely to be stuffed. (2) The Plaintiff’s return to China from November 2006 to the former and following the commencement of religious life.

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