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(영문) 서울행정법원 2016.04.28 2015구단20858

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On August 18, 2009, the Plaintiff applied for refugee status to the Defendant on June 13, 2014 while entering the Republic of Bangladesh for non-professional employment visa (E-9) and staying there.

On December 2, 2014, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on December 9, 2014, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] The plaintiff asserted the legitimacy of the disposition of this case as stated in Gap evidence 1 to 4, Eul evidence 1 and 2, the plaintiff joined the youth organization of the People's Republic of Bangladesh on December 9, 2007.

In addition, the plaintiff participated in the anti-government demonstration around 201, when he visited Bangladesh-si, but was fighting with the Amigian party members, and accordingly, the plaintiff was pursued by the police while he died of the Amigian party members.

Therefore, the defendant's disposition that did not recognize the plaintiff as a refugee is unlawful even though the plaintiff could be stuffed due to the above circumstances when the plaintiff returned to Bangladesh.

Judgment

In addition to the above-mentioned facts, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the following circumstances, which can be known when adding the description of No. 4 and the purport of the entire argument, and the Defendant’s disposition of this case is lawful since there is no other evidence to acknowledge it.

The reason for the application for refugee status asserted by the plaintiff is an individual criminal crime, and the problem is to be solved by the judicial system of Bangladesh, and the assertion itself is to recognize refugee status as prescribed by the Refugee Act.

참조조문