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(영문) 서울행정법원 2018.02.23 2017구단36925

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 nationality defense room: (a) the short-term visit of sojourn status (C-3) on September 16, 2014, the date of entry into the People’s Republic of Korea on September 16, 2014; (b) the date of the application for refugee status recognition (hereinafter “instant disposition”); (c) January 13, 2016, the date of the application for refugee status recognition; (c) the date of the decision on December 29, 2015; and (d) there is no dispute that there is no ground for rejection of the decision of the Supreme Court on December 7, 2017, the date of the application for objection, which is the date of the decision on February 23, 2016; (c) the entry in subparagraphs 1, 2, and 1, 2

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”) and a non-competence.

The father of the plaintiff, like the plaintiff, who is Buddhistdo, was in office as a teacher in Bangladesh, and operated both circles.

However, in around 2008, Muslim violent actors found their father and demanded money and valuables, and the father of the plaintiff refused it.

Accordingly, in 2009, the plaintiff went to Thailand while leaving Ginna City in 2009.

The plaintiff is residing in Thailand.

Around September 2014, Korea has been in the Republic of Korea.

The father of the plaintiff was killed from local violence around September 2017.

As such, if the Plaintiff returned to Bangladesh, he/she should be recognized as a refugee because it is likely to threaten the community violence for religious reasons.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee 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, status as a member of a particular social group, or political opinion, or who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” 2).