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(영문) 부산지방법원 2018.02.22 2017구합2623

난민불인정처분취소

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 October 6, 2009, the Plaintiff applied for refugee recognition to the Defendant on May 15, 2015, after entering the Republic of Korea with the status of sojourn for the manufacturing industry (E9-1) on October 6, 2009.

B. On July 11, 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 of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 25, 2016, but rendered a final decision to dismiss the Plaintiff’s application on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff and his family members are members of the party B in Bangladesh.

C. After the election in 2009, the party members threatened the Plaintiff.

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

B. The term “refugee” refers to 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 a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparag. 1 of the Refugee Act). Comprehensively considering the following circumstances acknowledged by the purport of all evidence and arguments as seen earlier, all the evidence and arguments submitted by the Plaintiff are considered.