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(영문) 서울행정법원 2018.01.10 2017구단76411
난민불인정결정취소
Text

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. On June 9, 2009, the Plaintiff entered the Republic of Korea on short-term (C-2) sojourn status as a Chinese national foreigner, and applied for refugee status to the Defendant on January 5, 2016.

B. On September 29, 2017, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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, Gap evidence Nos. 1, 2, 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 the trainee of the Pakistan, and the Chinese government is under the pressure of the trainee of the Rose of Sharon.

Therefore, if the plaintiff returned to China, there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff as a refugee should be deemed unlawful.

B. Determination

B. “persecution” that serves as a requirement for recognition of refugee status 1 refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for recognition of refugee status must prove that such persecution is “a sufficient well-founded fear.”

Therefore, in order to be recognized as a refugee, a person who enters Korea by being subject to punishment in China due to arrest or detention and has a well-founded fear of being affected by the Chinese government when returning to China. The Chinese government is a active and leading activity in relation to the Rose of Sharon while staying in Korea.

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