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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. The Plaintiff entered the Republic of Korea on November 2, 2016, as a foreigner of the nationality of the People’s Republic of China (People’s Republic of China, hereinafter “China”), with the status of stay C-3 (short-term visit).
B. On January 4, 2017, the Plaintiff filed an application for refugee status with the Defendant, but on February 22, 2017, the Defendant rendered a disposition for refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a possibility of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).
C. On May 4, 2017, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on the same ground on February 23, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion began training of the patriarche in 2012, upon the recommendation of the pro-Japanese B.
On December 2016, the plaintiff-friendly job offering B was arrested and detained in the official capacity on the ground of the old-gu old-age training, and thereafter became an adviser.
At that time, the plaintiff was staying in the Republic of Korea, but the plaintiff's mother in China was summoned in the public peace and was summoned for an investigation.
If the plaintiff returns to his own country, it is likely to threaten the life or physical freedom of the Chinese government on the ground of the training of the patriarche.
Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.
B. Article 2 Subparag. 1 of the Refugee Act provides that a refugee shall be a race, religion, or a refugee.