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(영문) 서울행정법원 2018.10.30 2018구단69717
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 April 10, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on April 10, 2017, and applied for refugee status to the Defendant on April 11, 2017.

B. On April 25, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 13, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion began on December 2010, the Plaintiff’s training from around 2010, and the Chinese government continues to engage in gambling for the training of the training personnel of the training personnel of the training personnel of the training personnel of the training personnel in

On December 2016, the Plaintiff was arrested as a crackdown on the public policy while conducting the training in the restaurant operated around December 2016 with other trainees, and was arrested for a day after being investigated into detention, and was released after paying 7,000 bills.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. In full view of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, determination 1 does not allow the protection of the country of nationality or want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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