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(영문) 서울행정법원 2017.11.30 2017구단33643

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 11, 2016, the Plaintiff applied for refugee status to the Defendant on April 11, 2016, while entering the country of nationality of the People’s Republic of Bangladesh (hereinafter “Seogle”) as a non-professional employment (E-9) foreigner on April 18, 2012 and extending the period of stay several times.

On June 10, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff received a notice of decision on non-recognition of refugee status on June 22, 2016, and raised an objection to the Minister of Justice on July 21, 2016, but was dismissed on the same ground as of July 18, 2017.

The Plaintiff received a notice of dismissal decision on the objection on August 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff joined the students’ organization of Islamic Party in around 1990 and engaged in activities, such as joining the students’ organization under the Jmet-e-Islai Party ( Islamic Party) in Bangladesh.

On December 20, 2015, a bus explosion occurred in a place where Islamic Party was in a strike, and the plaintiff filed a complaint against the suspect.

This is believed to be bling about Islamic Party that is the opposite party by the Asisig regime.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, there are sufficient grounds to be persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.