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(영문) 서울행정법원 2018.11.15 2018구단12865
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. The Plaintiff entered the Republic of Korea on August 9, 2010, with the nationality of the People’s Republic of Bangladesh (Peoplele’s Republic of the Republic of Bangladesh), as a foreigner of the E-9 (Non-professional Employment) sojourn status.

B. On July 26, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on September 12, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On September 27, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that he continued to join as a party member of the Party B (B party; hereinafter “B party”) in around 1997, and continued to engage in the pertinent party activities.

At that time, the plaintiff has been threatened with several threats from party members of the C Party (hereinafter referred to as the "C Party"), which is a member of the party.

On the other hand, the Plaintiff had visited Bangladesh on November 2016 while staying in the Republic of Korea. At that time, the members of the youth organizations of the C party found the Plaintiff’s house.

The plaintiff was found to go back to the Republic of Korea on January 2017 after he or she went back to the territory of the Republic of Korea after his or her act was taken place. If the plaintiff returned to Bangladesh as his or her home country, he or she still remains to enjoy life or physical freedom from the party members.

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