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(영문) 서울행정법원 2018.05.11 2018구단57738
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, on April 4, 2017, the date of entry into the Republic of Korea of the People's Republic of China of the plaintiff's nationality (C-3) a short-term visit of sojourn status (C-3) on April 5, 2017, the date of the application for refugee status recognition (hereinafter "the instant disposition") and April 18, 2017, the date of the decision of April 5, 2017 (hereinafter "the date of the application for refugee status recognition"): The fact that there is no dispute over the grounds for recognition of rejection of the decision of March 21, 2018 as of the date of the application for objection, which was the date of the decision of June 7, 2017, which was the date of the decision of March 2018,

2. Whether the instant disposition is lawful

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

In around 2010, the plaintiff entered the patriarch and trained the patriarch at this time.

On February 1, 2017, the Plaintiff distributed the leaflets related to the Sejongnam Park.

It has been arrested in China for 15 days, and has been detained in China for more than 15 days, and was arrested more than 3 times thereafter, and was subject to violence, and was dismissed in the workplace due to training of patriarche.

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

As such, the Plaintiff is likely to be stuffed by the government of China for the reason that he/she receives training of the patriarche in China, so the Plaintiff should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable 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, status as a member of a particular social group, or political opinion, or is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) The aforementioned evidence and evidence set forth in subparagraph 3, 5-1, 2, 3, and 4 are added to the whole arguments.

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