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(영문) 서울행정법원 2018.03.09 2018구단51259
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the following facts: short-term sojourn status visit (C-3) on May 1, 2016 of the date of entry into the Republic of Korea of the People of the People of the Republic of Korea (hereinafter “instant disposition”) on the date of the application for refugee status recognition (hereinafter “instant disposition”) and February 16, 2017 of the date of February 2, 2017 of the date of the application for refugee status recognition (hereinafter “the date of the application for refugee status recognition”); the facts that there is no dispute over the recognition of the decision to dismiss on March 20, 2017 of the date of the application for objection that the notification cannot be sufficiently based on the grounds for refugee status recognition: the facts that there is no ground for recognition of the decision to dismiss, Gap evidence 1 through 4, Eul evidence 1, and 2

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 around 2006, when the plaintiff was employed as a taxi driver in China, the plaintiff was first aware of the patriarche through Korean customers, and was trained thereafter.

On December 2010, the plaintiff was arrested in China's official territory and was detained for 24 hours.

As such, the Plaintiff is likely to be stuffed by the Chinese government on the ground that he/she provided training for a Korean-Japan, and thus, he/she should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any 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, membership of a particular social group, or political opinion, or who is a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” In full view of the following circumstances revealed by adding the entire arguments to the arguments in Articles 3, 4, and 5 and the following circumstances, the Plaintiff’s race, religion, nationality, membership of a particular social group, or political opinion.

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