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(영문) 서울행정법원 2017.11.24 2017구단30330
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 March 14, 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 March 14, 201, and applied for refugee status to the Defendant on January 4, 2016.

B. On February 17, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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. On March 18, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on July 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 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 was actively engaged in activities in the country of nationality as a member of the People's Republic of Bangladesh (BNP). Accordingly, the plaintiff's assertion is threatened by assault from AgamI Agrama and AL (L).

The remainings of the plaintiff were active as a regional representative of the Korean National Cemetery in Bangladesh, and was killed by the plaintiff, and was active as the director general of the regional office of the Korean National Cemetery in Bangladesh, while serving as the director general of the regional office of the Korean National Cemetery in the Republic of Korea, and was in the course of human being in prison by the ASEAN.

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. 1 The term “refugee” is either 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 such fear.

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