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(영문) 서울행정법원 2018.02.01 2017구단33957
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 October 25, 2016, the Plaintiff applied for refugee status on November 1, 2016 while entering the Republic of Korea for short-term visit (C-3) as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”).

B. On November 30, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff does not constitute “a well-founded fear that the Plaintiff would be subject to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on December 29, 2016, but was dismissed on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 2 and 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has a hostile training conducted in China, and the government of China has illegally defined the Rose of Sharon, which is at the risk of being arrested by the police.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a religion or a specific social group constitutes a refugee suffering from persecution.

B. In order to be recognized as a refugee, a person who entered Korea under the same gambling as that of arrest or detention of a person who entered Korea by having been subject to punishment in China, and returned to China, constitutes a person who has a well-founded fear of persecution by the Chinese government, or a person who has a sufficiently well-founded fear of persecution by the Chinese government when staying in Korea to the point of attention due to active and leading activities related to patriarche while staying in China.

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