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(영문) 제주지방법원 2018.06.20 2017구합538
난민불인정결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On July 19, 2016, the Plaintiffs were foreigners of the People’s Republic of China’s Republic of China (hereinafter “China”), and applied for refugee status to the Defendant. On August 1, 2016, the Defendant rendered each disposition of non-recognition of refugee status (hereinafter “each of the instant dispositions”) on the grounds that the Plaintiffs cannot be deemed to have “a well-founded fear that they would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 16 (including each number in the case of additional number) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is likely to be persecution by the government when the plaintiff is returned to China as the trainee of Pakistan-si.

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

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

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 Refugee Protocol, a State of nationality is unable to be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or a member of a particular social group, or a country of nationality.

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