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(영문) 서울행정법원 2017.12.08 2017구단74682
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 sojourn status visit (C-3) on August 20, 2016 of the date of entry into the Republic of Korea of the People of the Republic of Korea (hereinafter “instant disposition”) and the grounds for refugee non-recognition: (a) as of October 28, 2016 of the date of the application for refugee status recognition (hereinafter “instant disposition”), the Plaintiff’s decision was made on October 10, 2016, the fact that there is no ground for rejection of the decision made on July 18, 2017 of the date of the application for objection that the Plaintiff’s decision was made on November 24, 2016; (b) there is no ground for rejection of the decision made on July 18, 2017; (c) evidence Nos. 1, 2, 3, 4-1, 2, 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 April 2012, the plaintiff first entered the patriarche who dealt with the patriarche through the patriarche B, and has been trained since that time.

In September 2013, the plaintiff participated in the meeting of the Pakistan, and at that time, the plaintiff's friendship B was arrested in China.

Since August 2014, China's official proposal was found to be the Plaintiff's house and the Plaintiff was investigated and returned to the country.

As such, the Plaintiff is likely to be arrested in the Chinese public domain on the ground that he/she received training in the Chinese public domain, 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 is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) When comprehensively considering the evidence and evidence set forth in subparagraph 3 as well as the evidence set forth in subparagraph 1 as well as the following circumstances revealed by adding the purport of the entire pleadings to the statement in subparagraph 3, the Plaintiff’s race, religion, nationality, and specification.

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