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(영문) 서울행정법원 2018.04.20 2018구단56339
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit of sojourn status (C-3) on December 12, 2016, the date of entry into the Republic of Korea of the People of the Republic of Korea (hereinafter “instant disposition”) for refugee status recognition (hereinafter “instant disposition”) on December 21, 2016, the date of the application for refugee status recognition (hereinafter “application for refugee status recognition”) was December 13, 2016: The fact that there is no dispute as to the grounds for recognition of refugee status non-recognition: (a) there is no ground for rejection of the decision of the Supreme Court of Korea on April 27, 2017 as of the date of application for objection, which was April 27, 2017; (b) the entries in subparagraphs 1 through 4, 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").

In 2007, the plaintiff became aware of the patriarche through the Matri-si B, and the training of the patriarche was conducted thereafter.

However, around February 2016, C et al., who had trainedd with the Plaintiff, was arrested in the Chinese airspace.

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

As such, since the Plaintiff’s return to China is likely to be detrimental to gambling, the Plaintiff 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 to be protected 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 a foreigner who is not able to return to, or does not want to return to, the country of nationality before entering the Republic of Korea due to such fear.” In full view of the aforementioned evidence and the purport of the entire arguments in Articles 3 and 5 as well as the following circumstances known by adding to the arguments in Articles 3 and 5, the Plaintiff shall be subject to persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.”

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