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(영문) 서울행정법원 2015.06.18 2015구합2918

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 July 3, 2006, the Plaintiff entered the Republic of Bangladesh for the first time on July 3, 2006, and visited Bangladesh twice. On January 31, 2012, the Plaintiff entered the Republic of Korea again on January 31, 2012, and filed an application for refugee status with the Defendant on July 4, 2012.

B. On April 21, 2014, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be prejudicial 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.

(hereinafter “instant disposition”). C.

On May 23, 2014, the Plaintiff filed an objection with the Minister of Justice on May 23, 2014, but the said objection was dismissed on December 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including provisional number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion entered the Jamaat-E-Islam (hereinafter “JI”) in around 2003 as a member of the JI, and since around 2005, the Plaintiff was engaged in political activities as a member of other countries or regions.

At the time of visiting Bangladesh in 2009, the Plaintiff participated five to six times in an anti-government demonstration against the members of the Awam Leagle (hereinafter “AL”) who are party members of the Egyptian (hereinafter “AL”) either demand money from the members of the JI or in favor of the members of the JI, and thereby, led to an accusation from the chairperson of the AL in other countries or regions on December 26, 201 and January 24, 2012.

Therefore, since the Plaintiff’s return to Bangladesh might be detrimental to gambling for the same reason, the instant disposition taken on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c) make a determination by adding to the purport of the entire pleadings the entries in the evidence Nos. 3, 5, 6, and 7.