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(영문) 서울행정법원 2017.09.14 2017구단61587
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff was a foreigner of the Chinese People's Republic (hereinafter referred to as "China")'s nationality, and entered the country of short-term visit (C-3) on May 30, 2006, and applied for refugee status to the defendant on May 2016 after the expiration of the period of stay (C-6 June 29, 2006).

On July 22, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “each of the instant dispositions”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On August 22, 2016, the Plaintiff filed an objection with the Minister of Justice on August 22, 2016, but was dismissed on February 24, 2017.

On May 15, 2017, the Plaintiff received a notice of decision to dismiss an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a person who is a person who is a person who is a person who is a person who is in Mag-pa, and thus returned to his home country, there is concern

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, or who, owing to such fear, resided in the country of nationality, must be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body or freedom.

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