beta
(영문) 서울행정법원 2016.06.10 2016구단6170

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. On August 9, 2010, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea to sojourn status for non-professional employment (E-9) and stayed, and left Korea on November 25, 2013, but returned to the Republic of Korea on December 25, 2013, and applied for refugee status to the Defendant on May 29, 2015.

B. On June 9, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s argument that the Plaintiff’s religion was an hings, and as to the hings of knife members owned by the hings of Mings, the Plaintiff was subject to violence, such as hinginging the face from Mings, on the ground that he attended the hings of hings and a press group on December 1, 2013 and hinginging the hings of hings.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to his country is illegal.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. 1 Refugees 1.

참조조문