logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.05.11 2017구단37232
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, on October 24, 2003, the date of entry into the Republic of Korea of the People's Republic of China of the plaintiff's nationality: (F-1) the date of the application for refugee status recognition (hereinafter "the instant disposition") on December 3, 2014, the date of the application for refugee status recognition (hereinafter "the application for refugee status"): The facts that there is no ground for recognizing that there is no sufficient ground for recognizing the refugee status status status status status: (a) the evidence No. 1, and the statement in the evidence Nos. 1 and 2, and the purport of the entire pleadings;

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the People's Republic of China (hereinafter "China").

The plaintiff was trained from around 1998 in 198.

However, the plaintiff was arrested and investigated by a person who has taken the training course in Pacific War in China. On January 1, 2001, the Chinese official proposal was threatened by the plaintiff's house to find the plaintiff's house and to the plaintiff's speech that he did not take the training course.

Since then, the plaintiff is also arrested in the Chinese public domain, and the plaintiff has been in the Republic of Korea away from China.

Since 2004, the plaintiff, who had been in the Republic of Korea, withdrawn from the Gongsan Youth Association.

As such, the Plaintiff is likely to be stuffed by the Chinese government on the ground that he/she conducted training in the Korean War and carried out his/her anti-competitive activities, and thus, he/she should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “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, membership of a particular social group, or political opinion, or who is a stateless foreigner who, due to such fear, could not return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” 2) The aforementioned evidence and evidence set forth in Articles 3 and 4 as well as the purport of the entire pleadings.

arrow