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(영문) 서울행정법원 2018.03.16 2017구단36994
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: short-term sojourn status visit (C-3) on December 6, 2016 of the date of entry into the Republic of Korea of the People of the People of the Republic of Korea (hereinafter “instant disposition”) on the date of the application for refugee status recognition (hereinafter “instant disposition”) and February 27, 2017 of the date of February 7, 2017 of the date of the application for refugee status recognition (hereinafter “the date of the application for refugee status recognition”): The facts that there is no dispute over the recognition of the decision to dismiss as of March 22, 2017 of the date of application for objection, and the purport of the entire pleadings, as of October 1, 2017 of the date of application for objection, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the People's Republic of China (hereinafter "China").

The plaintiff was trained in 198, and was threatened by the threat that the plaintiff would not be trained in the Chinese official design.

Accordingly, the plaintiff has been in the Republic of Korea since he left China.

As such, if the plaintiff returned to China, the plaintiff is likely to also threaten the Chinese public security, and therefore, the plaintiff should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a foreigner who does not want to be protected, or who does not have to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the aforementioned evidence and the evidence in subparagraph 3 as well as the following circumstances revealed in the statement in subparagraph 3: (a) it is difficult to view that the Plaintiff “a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge it.

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