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(영문) 서울행정법원 2018.04.13 2017구단34110
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit of sojourn status (C-3) on October 25, 2016, the date of entry into the Republic of Korea of the People of the People of the Republic of Korea (hereinafter “instant disposition”), and the purport of the entire pleadings and arguments, all of which were written by the Plaintiff’s Short-term visit of sojourn status (C-3) on October 31, 2016, the date of application for refugee status recognition (hereinafter “instant disposition”): November 18, 2016, the date of application for objection that there is no sufficient ground for recognizing refugee status non-recognition: The fact that there is no ground for recognizing the notification of the decision of the Supreme Court on January 5, 2017; the fact that there is no ground for recognizing the notification of the decision of

2. Whether the instant disposition is lawful

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

B tried to teach the plaintiff to the plaintiff.

However, B was arrested in China's official territory.

The plaintiff, who had contacted with B, should be arrested in the Chinese public domain and investigated, and the plaintiff has been in the Republic of Korea regardless of China.

As such, if the plaintiff returned to China, he/she is likely to be arrested in the Chinese public domain, and thus, he/she 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 to be protected 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, membership of a specific social group, or political opinion, or a foreigner who is not a national who, due to such fear, is unable to return to or does not want to return to the country of nationality before entering the Republic of Korea.” 2) In full view of the following circumstances known by adding the whole arguments to the evidence and evidence in Articles 3 and 5 and the purport of the pleading in Articles 3 and 5, it is difficult to deem that the Plaintiff “a well-founded fear based on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” and it may be recognized otherwise.

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