(영문) 서울행정법원 2017.06.15 2017구단56783

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(영문) 서울행정법원 2017.06.15 2017구단56783

난민불인정결정취소

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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 February 22, 2007, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”), and applied for refugee status on June 22, 2016 while staying there.

B. On July 11, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff does not constitute “a sufficiently-founded fear that the Plaintiff would be subject to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on August 3, 2016, but was dismissed on February 24, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there was a hostile training conducted in around 2006, and the government of China has a risk of being arrested by the police.

Therefore, even though the Plaintiff’s status as a member of a religion or a specific social group constitutes a refugee suffering from persecution, the Defendant’s disposition of this case, which was made in a different transition system, is unlawful.

B. To be recognized as a refugee, a person who entered Korea by having been subject to punishment in China due to arrest or detention and has a well-founded fear of persecution from the Chinese government when returning to China, or a person who has a sufficiently well-founded fear of persecution from the Chinese government when he/she stays in Korea to the extent that the Chinese government is able to pay attention to China due to active and leading activities related to patriarche while staying in Korea. In order to be recognized as a refugee, a person who has a well-founded fear of persecution from the Chinese government.

Supreme Court on April 25, 2013

유사 판례

-서울행정법원 2018.02.01 2017구단33957

-서울행정법원 2017.11.08 2017구단71010

-서울행정법원 2018.04.05 2018구단53361

-서울행정법원 2017.07.13 2017구단59317

-서울행정법원 2018.05.16 2018구단57820