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(영문) 제주지방법원 2019.10.16 2018구합443
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 on July 8, 2017, and applied for refugee status on October 27, 2017.

B. On November 14, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) against 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 (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees.

C. On December 27, 2017, the Plaintiff filed an administrative appeal disputing the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 6, 2018.

[Ground of recognition] Unsatisfy, entry of evidence Nos. 1, 2, 4 and 5, and the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The gist of the Plaintiff’s assertion is that the Chinese government might be stuffed if the Plaintiff returned to China as the trainee of Pakistan.

Nevertheless, the disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

(b) as shown in the attached Form of the relevant statutes;

C. 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 Protocol Relating to the Status of Refugees, the Minister of Justice or the head of the Regional Immigration Service shall recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his/her nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee under the Refugee Convention at the request of the foreigner.

Here, "persecution", which is a requirement for recognition of refugee status, is essential for human beings, including threats to life, body or freedom.

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