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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, as a foreigner of Chinese nationality, entered the Republic of Korea on February 2, 2007 with a specific activity (E-7) and a short-term comprehensive (C-3), and filed an application for refugee status with the Defendant on May 11, 2016.
B. On May 30, 2016, the Defendant rendered a disposition rejecting refugee status recognition (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have “a sufficiently-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Ground for recognition] Unsatisfy
2. Whether the disposition is lawful;
A. Although the plaintiff's assertion is a campaign to enable human beings to live healthy, the Chinese government is under strong regulation and ammunition pressure, and even if it is admitted as a member of the Korean War, it shall be conducted by the Chinese Official Security Police, and shall be examined.
The plaintiff, while attending the military service with the leader of Pakistan and China, has distributed a book for the dissemination of the Pakistan, and has taught the Spachan.
Therefore, when the plaintiff returned to China, it is clear that the plaintiff is exposed to the Chinese Public Security Police Agency and is in danger to life and body.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is null and void.
B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of 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 particular social group or political opinion, or a stateless foreigner who, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of refugee status includes threats to life, body or freedom.