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(영문) 제주지방법원 2018.07.04 2017구합767
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 21, 2016, the Plaintiff, a national of the People’s Republic of China (hereinafter “China”), filed an application for refugee status recognition with the Defendant. On November 7, 2016, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have a well-founded fear that the Plaintiff would suffer from persecution” under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Facts without dispute, entry of evidence of Nos. 1 to 3, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff had been stuffed by his/her own activities in China, and is likely to also be stuffed by the government when he/she return to China.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a State of nationality is unable to be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or a member of a particular social group, or a country of nationality.

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