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(영문) 제주지방법원 2019.07.17 2018구합559
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, a national of the People’s Republic of China (hereinafter “China”), entered the Republic of Korea on August 18, 2017, and applied for refugee status on September 8, 2017.

B. On September 20, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On December 27, 2017, the Plaintiff filed an administrative appeal disputing the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on May 15, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 4 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is likely to be harmful to the Chinese government when the plaintiff returned to China as a trainee of the Pakistan-gu in China.

Nevertheless, the disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice or the head of the Regional Immigration Service shall recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee under the Refugee Convention upon the request of the foreigner.

Here, "persecution", which is a requirement for recognition of refugee status, is important for the fundamental human dignity, including threats to life, body or freedom.

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