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(영문) 서울행정법원 2017.05.26 2017구단55926

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 June 8, 2011, the Plaintiff, who was a national of Bangladesh, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on June 8, 201, and applied for refugee status to the Defendant on March 21, 2016.

B. On April 5, 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 that would be subject 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.

C. The Plaintiff filed an objection with the Minister of Justice on May 3, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a member-level country, which is a major political party of Bangladesh, there are two countries such as the Awampia value, the Korean nationalism (hereinafter "BNP") and Jtiyaya, and these political parties are sharply conflicting.

In around 2001, the Plaintiff joined BNP and worked as C, which is a high-speed village, and promoted BNP, solicited the general public to enter the bNP, and participated in the activities in a rhetorous manner by holding meetings.

In around 2003, D, the plaintiff's South Dong-dong, also joined BNP and was engaged in activities as E by local youth organizations, such as recruiting party members, gathering, and demonstration.

In the meantime, the Plaintiff entered the Republic of Korea on June 8, 201, and returned to Bangladesh on August 23, 2014, and continued the activities for BNP. On September 2, 2014, F, G, and H, a party member of the ASEAN, intruded with a deadly weapon in the Plaintiff’s home, thereby collectively saving the Plaintiff and knife the Plaintiff’s body, and assaulting the Plaintiff’s wife and his father.