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(영문) 서울행정법원 2016.11.30 2016구단25980
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Bangladesh - Entry and refugee application: February 14, 201 (Status of Sojourn: Non-professional Employment (E-9)) on November 27, 2015;

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on June 30, 2016 [based on recognition], Gap’s evidence Nos. 1 and 2, Eul’s evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion took part in the GNP Party of Bangladesh (BNP) around 2005. On December 201, 201, the Plaintiff was hospitalized in the hospital by being assaulted from AwamIgma at the time of his visit at Bangladesh, and the Plaintiff’s punishment was assaulted and threatened by AwamIgma (BP) as a member of the national party (BNP). Thus, there is a well-founded fear to recognize that the Plaintiff might be subject to persecution on the grounds of his/her member’s status or political opinion.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugees” refers to foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear to recognize that they may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or foreigners who are not able to return to or do not want to return to the country of nationality before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the evidence as seen earlier, the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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