(영문) 서울행정법원 2017.09.27 2017구단62863

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(영문) 서울행정법원 2017.09.27 2017구단62863

난민불인정결정취소

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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 1, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on June 1, 2015, and applied for refugee status to the Defendant on May 30, 2016.

B. On June 21, 2016, 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”).

C. The Plaintiff appealed and filed an objection with the Minister of Justice on August 2, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and 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 Egypt, it shall be deemed that 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. “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 entered the Republic of Korea after being arrested or detained for the same gambling as that of the arrest or detention, who enters the Republic of Korea, is subject to punishment in China and returned to China.

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