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(영문) 서울행정법원 2019.04.17 2018구단74160
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of a decision not to recognize refugee status;

A. The Plaintiff entered the Republic of Korea on May 22, 2017 as a foreigner of Chinese nationality (BF male, Chinese, and Chinese) (C-3).

B. On May 23, 2017, the Plaintiff filed an application for refugee status with the Defendant on the ground that he/she was “a person who was in charge of the patriarche”. However, on June 28, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff is deemed not to be a refugee under the Refugee Convention and the Refugee Act” was deemed not to be a refugee under the Refugee Act, and the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the objection on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff was detained in the Pacific training course in China around August 2016, and was released from the time of being arrested in the Chinese official domain in another city after being released from the time of being arrested as a result of being detained in the suspicion of the Pacific training course in China. Thus, the plaintiff was allowed to enter the Republic of Korea and apply for refugee recognition of the case.

Therefore, since the Plaintiff constitutes a person with well-founded fear to recognize that he/she may be injured on the ground of his/her status as a member of a religious or a specific social group, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

3. Determination

A. “persecution” that is a requirement for recognition of refugee status refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom,” and a foreigner applying 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, it is subject to punishment in China.

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