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(영문) 서울행정법원 2016.11.17 2016구단24680
난민불인정결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs are Chinese nationality foreigners.

The Plaintiffs filed an application for recognition of refugee status with the Defendant on the relevant date indicated in the attached list of refugee status applications.

The Defendant rendered a decision to deny refugee status on the relevant date indicated in the attached list of refugee status refusal in the reasons that the “an adequate fear of persecution” against the Plaintiffs is not recognized.

(hereinafter referred to as "each disposition of this case"). 【No dispute exists, Gap evidence Nos. 1-4 (including virtual number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiffs' assertion that they are likely to be stuffed by the Chinese government due to the Nibydo, Nibydo, one of the Nibydo. Thus, each of the dispositions in this case is unlawful.

B. The term “refugee” refers to 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, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution should be attested by a foreigner who files an application for recognition of refugee status.

(see, e.g., Supreme Court Decision 2013Du14269, Mar. 10, 2016). With the sole evidence No. 5-21 (including virtual numbers) alone, where the Plaintiffs return to the country of nationality, there is a well-founded fear of persecution for reasons of race, religion, nationality, status as a member of a specific social group or political opinion.

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