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(영문) 서울행정법원 2018.05.04 2018구단55862
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. On December 29, 2016, the Plaintiff, a Chinese national, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and applied for refugee status to the Defendant on February 15, 2017.

B. On February 22, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on March 13, 2017, but the said objection was dismissed on October 11, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the Chinese government spawns the training center in Pakistan.

The plaintiff was trained in 196, and around 200 and around 2016, and was arrested inside the country while distributing the old-gu old-gu old-gu old-gu old-age old-age old-age old-age old-age old-age old-age old-age old-age old-age old-age old-age was arrested on March 16, 2008 and sentenced to 13 years of imprisonment.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of his/her 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, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act and Article 2 subparag. 1 of the Refugee Act and “persecution” which is the requirement for recognition of refugee status are life, body or freedom.

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