Ruling revoking the decision not to recognize as a refugee a Chinese national who helped North Korean defectors

Who this helps

This may be a useful reference for people curious how a refugee denial was assessed in a case involving help given to North Korean defectors.

Case overview

Court

Jeju District Court

Posted on original board

Feb 28, 2018 (Wed)

Topic

Refugees

Original title (Korean)

탈북자 지원 활동에 관여한 중국인의 난민 지위를 인정한 사례

The plaintiff is a Chinese national. The plaintiff helped North Korean defectors inside China escape from China, then left China and lived in Laos and other places. The plaintiff later entered Korea to apply for refugee status, and a decision was made not to recognize the plaintiff as a refugee.

Can the denial of refugee status to a Chinese national who helped North Korean defectors be revoked?

The plaintiff is a Chinese national. The plaintiff helped North Korean defectors in China escape, then left China and lived in Laos and other places. The plaintiff then entered Korea to apply for refugee status, but was not recognized as a refugee. The court looked at the nature of the activities, the criminal punishment imposed by Chinese authorities, and the activities carried out in third countries.

How the court ruled

The court examined the nature of the plaintiff's activities supporting defectors, the record of criminal punishment imposed by the Chinese authorities for those activities, and the content of the plaintiff's activities supporting defectors in third countries outside China. As a result, the court found that the plaintiff is unable, owing to a well-founded fear of persecution because of the political opinion revealed through the act of supporting defectors living in China, to avail of the protection of the country of nationality. Therefore, the court revoked the decision not to recognize the plaintiff as a refugee.

What to check in a similar situation

The procedure for deciding refugee recognition can be confirmed with immigration and foreigner offices, and the lawsuit procedure for challenging a decision can be confirmed with the courts.

• Find your immigration office
• Find support centers
• Contacts: Immigration Contact Center 1345

Terms explained

refugee

A person outside their country of nationality who cannot receive that country's protection because of a well-founded fear of persecution.

political opinion

In this case, the views and stance shown through the plaintiff's support for defectors were treated as falling here.

revocation of a decision

A court undoes an administrative decision so that it no longer has effect.

More rulings on this topic

• Court upholds refusal of refugee status, finding a family property dispute is not a ground for recognition · Jeju District Court
• Ruling that upheld the cancellation of refugee status granted on the basis of false statements · Seoul Administrative Court
• Ruling Cancelling Decision Not to Refer Guinean National's Refugee Application for Examination · Busan District Court

See all 29 rulings on Refugees →

Frequently asked questions

Who filed the lawsuit?

A Chinese national, who had applied for refugee status but was not recognized as a refugee.

How did the court rule?

The court found that the plaintiff could not receive the protection of the country of nationality because of a well-founded fear of persecution for political opinion, and revoked the denial.

Does this result apply as is to similar cases?

No. It is the court's decision in this case and does not apply as is to other cases.