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(영문) 서울행정법원 2017.07.06 2017구단60287
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 7, 2016, the Plaintiff, a Chinese national foreigner, entered the Republic of Korea for short-term visits (C-3) and stayed, and applied for refugee status to the Defendant on January 24, 2017.

B. On February 9, 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 for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees, and received a notice of decision on the recognition of refugee status on February 15, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the Plaintiff, who was a trainee of the Pakistan, and was detained in several times by the Chinese official design that pressures the Pakistan, and was released after receiving education.

When the plaintiff returns to his country, there is a risk of being arrested in the Chinese public design.

Although the Plaintiff’s disposition of this case constituted a refugee suffering from persecution on the grounds of religion, the Defendant’s disposition of this case was unlawful.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a 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 means "any act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom."

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