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(영문) 서울행정법원 2017.04.05 2016구단31701
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 December 22, 2011, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”), and applied for refugee status to the Defendant on March 24, 2016, after entering the Republic of Korea as a short-term visit (C-2).

B. On May 2, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on June 10, 2016, but was dismissed on October 27, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, since the Plaintiff is a trainee of the Pakistan who will return to China.

B. “persecution” that serves as a requirement for recognition of refugee status 1 refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application 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, a person who enters Korea by being subject to punishment in China, such as arrest or detention, and returned to China, has a well-founded fear that if he/she returns to China, he/she is likely to be injured by the Chinese government, or the Chinese government has paid attention to it by actively and leading activities related to the Rose of Sharon while staying in Korea.

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