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(영문) 서울행정법원 2018.10.18 2018구단65449
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 entered the Republic of Korea on April 9, 2017, as a foreigner of the nationality of the People’s Republic of China (People’s Republic of China, hereinafter “China”), with the status of stay C-3 (short-term visit).

B. On April 10, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on April 24, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On June 13, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s husband was introduced with her husband who was her husband who was married with her husband. Since June 2010, the Plaintiff began to conduct the training of her husband who was her husband with the Plaintiff’s husband.

However, around April 2016, China's official proposal was found in the Plaintiff's home and arrested the Plaintiff and the Plaintiff's husband on the ground of patriarch training, and two persons were detained for about 15 days and investigated, and they could be released from a fine of up to 6,000, respectively.

If the plaintiff returns to his own country, it is likely to threaten the life or physical freedom of the Chinese government on the ground of the training of the patriarche.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Determination 1: Refugee Act.

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