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(영문) 서울행정법원 2017.10.18 2017구단69819
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 August 5, 2016, the Plaintiff entered the Republic of Korea on August 5, 2016, and applied for refugee status to the Defendant on August 8, 2016.

B. On August 12, 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 sufficiently-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 August 26, 2016, but was dismissed on February 24, 2017.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is suspected of having dealt with as a trainee of the Rose of Sharon since the Plaintiff had been around his own country.

For this reason, in the police box of the country of nationality, the plaintiff is tried to be arrested.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

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 due to arrest or detention and has a well-founded fear of being affected by the Chinese government when returning to China. The Chinese government is a active and leading activity in relation to the Rose of Sharon while staying in Korea.

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