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(영문) 서울행정법원 2018.11.01 2018구단68820
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 entered the Republic of Korea on January 4, 2017, as a foreigner of the nationality of the People’s Republic of China (People’s Republic of China, hereinafter “China”), with the status of stay C-3 (short-term visit).

B. On January 5, 2017, the Plaintiff filed an application for refugee status with the Defendant, but on June 5, 2017, the Defendant rendered a disposition for refugee status not to grant refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a possibility of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On June 27, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s husband, from November 2009, began to conduct the Plaintiff’s her husband’s training, and the Plaintiff began to conduct the training with the Plaintiff’s husband from around three months after the Plaintiff’s husband’s her husband.

The husband of the plaintiff was engaged in the training in the park, and the Chinese official proposal was reported, and there was a threat that the plaintiff and the plaintiff's family members would not receive the training in the past.

In addition, the public design has frequently found the plaintiff's house and searched the plaintiff's house, and it has been able to take a bath in the process.

The Chinese government is strongly suppressing the pathic womb, and when the plaintiff returns to his own country, it is likely to threaten the life or physical freedom of the Chinese government on the ground of the training of the pathic Rose.

Nevertheless, the plaintiff's refugee status is recognized.

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