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(영문) 서울행정법원 2017.04.27 2017구단3086

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 April 18, 201, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea as a non-professional employment (E-9) sojourn status on April 18, 201, and stayed, and applied for refugee status to the Defendant on February 18, 2016.

B. On March 8, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 1, 2016, but the objection was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on December 30, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was threatened with murder since he reported to the police about the deceased's father in 2003.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the grounds of race, religion, nationality, membership of a specific social group or political opinion.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term “persecution” to be received by the foreigner.