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(영문) 서울행정법원 2018.03.21 2018구단50898
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 August 9, 2016, the Plaintiff, as a foreigner of Chinese nationality, entered the Republic of Korea as a short-term visit sojourn status and stayed, and applied for refugee status to the Defendant on February 2, 2017.

B. On February 20, 2017, the Defendant rendered a decision to deny refugee status against the Plaintiff on the ground that it cannot be deemed that the Plaintiff did not constitute a person with a sufficiently-founded fear that the Plaintiff might be subject to gambling.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 20, 2017, but the Minister of Justice dismissed the objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion continued to be present at a non-regular meeting led by “C” after being introduced of the Rose of Sharon from “A” for school-friendly job offers around August 2013. On March 2014, the Plaintiff resisted against the pressure of the Chinese government’s patriarche at a plaza located in the new-gu Council, and was arrested at the public security authority.

In addition, the activities of the plaintiff have been continued until now.

Therefore, if the plaintiff returned to China, it is likely that the plaintiff will be stuffed in relation to the pathic activities of the Chinese government.

B. Determination 1) A person who intends to be recognized as a refugee shall be a person who has a well-founded fear of persecution from the Chinese government in the event that he/she entered Korea due to an act related to the Pakistan subject to punishment in China, such as arrest or detention, and returned to China, or a person who has a well-founded fear of persecution from the Chinese government in the event he/she stays in Korea and returned to China due to active and leading activities related to the Rose of Sharon and who has a sufficient fear of persecution from the Chinese government if he/she returned to China to China (Supreme Court Decision 25 April 25, 2013).

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