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(영문) 서울행정법원 2015.07.17 2015구단2881

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 September 23, 2008, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea as a non-professional employment (E-9) sojourn status and extended the period of sojourn, while staying in the Republic of Korea, and filed an application for refugee recognition with the Defendant on September 26, 2013, which was after July 22, 2013, the expiration date of the period of sojourn.

B. On April 30, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he returned to the Republic of Korea on the day of his stay in the Republic of Korea as a support of BNP, which is a party in the Republic of Korea from the Republic of Korea, in which the Plaintiff had been in the Republic of Korea, and the violence times supporting the Awamama, which is a party, were to be punished by money in a foreign country by the Plaintiff’s monetary punishment in the Republic of Korea, and was to be threatened if the Plaintiff did not know the money while demanding for compensation of one million won.

In the event that the Plaintiff returned to the Republic of Bangladesh, the instant disposition that the Defendant did not recognize the Plaintiff as a refugee is unlawful, even though it constitutes a refugee with a risk of persecution from violence supporting the Federation of Asia.

(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State 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 by such fear.

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