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(영문) 서울행정법원 2019.01.24 2018구단23193
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 November 27, 2016, the Plaintiff, Chinese nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and filed an application for refugee status with the Defendant on December 14, 2016.

B. On August 3, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on August 30, 2017, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on September 21, 2018.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion rejected the solicitation of B religious organization's believers in China and was threatened with them.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner causes serious infringement of or discrimination against the essential human dignity, including threats to life, body or freedom.

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