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(영문) 제주지방법원 2018.11.07 2018구합122
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, a national of the People’s Republic of China (hereinafter “China”), entered the Republic of Korea on February 1, 2015, and applied for refugee status on August 11, 2016.

B. On August 25, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that is likely to be injured” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is likely to be harmful to the Chinese government when the plaintiff returned to China as a trainee of the Pakistan-gu in China.

Nevertheless, the disposition of this case which did not recognize the plaintiff as a 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” means “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom,” which is a requirement for recognition of refugee status. A foreigner who files an application for recognition of refugee status may be deemed to be “a decent fear.”

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