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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 June 6, 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 June 13, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on July 11, 2017, 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 of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).
C. On August 16, 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 as on September 3, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, and the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that he started training B from around 2013.
원고는 2017. 5. 17. 대한민국을 방문하였다가 중국으로 돌아가는 비행기를 탔는데, 같은 비행기에 탑승한 사람이 신고를 하여 옌타이(Yantai, 煙臺) 공항에 도착하자마자 공안에 체포되었고, B 수련을 이유로 구금되어 있다가 벌금 5,000위안을 내고서야 풀려날 수 있었다.
The Chinese government is strongly suppressing B, and when the plaintiff returns to his own country, the Chinese government is likely to be threatened with the life or physical freedom of the Chinese government on the ground of B training.
Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.
B. Determination 1: Refugee Act.