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(영문) 서울행정법원 2019.04.23 2019구단50154
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 for refugee status (C-3,30 days) (hereinafter “instant disposition”) on February 12, 2017, the date of applying for refugee status on February 14, 2017, and the Plaintiff’s Republic of Korea’s entry into the Republic of Korea (hereinafter “instant disposition”): The fact that there is no dispute over the grounds for recognizing refugee status as being subject to persecution on March 12, 2018, the date of filing the application for objection that the decision was made on February 14, 2017: The fact that there is no ground for recognizing the rejection of the decision made on April 29, 2018; evidence Nos. 1 through 4; evidence Nos. 1 and 2; the purport of the entire pleadings; and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff could be stuffed by the Chinese authority as a B trainee, and applied for recognition of refugee status of this case.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must 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.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

B Training personnel are recognized as refugee, there is a concern that the Chinese government will be stuffed when they return to China, who entered Korea due to their related activities, such as arrest or detention, which are subject to punishment in China.

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