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(영문) 서울행정법원 2017.12.01 2017구단74415
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the Plaintiff’s short-term visit of sojourn status (C-3) on December 17, 2016, the date of entry into the Republic of Korea of the People of the People of the Republic of Korea (hereinafter “instant disposition”) on the date of application for refugee status recognition (hereinafter “instant disposition”) and the date of January 31, 2017, which was as of February 20, 2017: The fact that there is no dispute that there is no ground for recognizing the decision of rejection of the decision of October 11, 2017 as of March 7, 2017; the fact that there is no ground for recognizing the decision of rejection as of October 1, 2017 as of the date of application for objection; evidence A, evidence Nos. 1, 2, 3, and 4-1, 2, evidence Nos. 1, 4-2, and

2. Whether the instant disposition is lawful

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

When visiting the Republic of Korea in around 2014, the plaintiff was introduced from the Chinese gathering, and was trained from the above time.

However, B was arrested in China around January 2016, and the Chinese official proposal was investigated around August 2016 and returned to the Republic of Korea as to whether the plaintiff's house was found and B was known, and why it was distorted in the Republic of Korea.

The plaintiff is also arrested in China's official territory, and the plaintiff has left China and has been a Republic of Korea.

As such, the Plaintiff is likely to be arrested in the Chinese official forum on the ground that he/she received training in the Chinese army, and thus, he/she should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “a foreigner who is unable 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 particular social group, or political opinion, or who is a stateless foreigner who, due to such fear, could not return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” 2) The aforementioned evidence and Eul’s statement in the evidence No. 3 added to the purport of the entire pleadings.

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