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(영문) 서울행정법원 2017.07.19 2017구단59195
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. The Plaintiff, a national of the People’s Republic of China (hereinafter “China”), entered the Republic of Korea with a short-term visit (C-3) status on October 27, 2016, and applied for refugee status to the Defendant on November 1, 2016.

B. On February 24, 2017, 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”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of 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, the plaintiff should be deemed to have the risk of persecution in case of returning to China, and the disposition of this case which did not recognize the plaintiff as a refugee should be deemed unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality, and “persecution” which is the requirement for recognition of refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body or freedom.”

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