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(영문) 서울행정법원 2016.06.22 2016구단3898
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 August 2, 2010, the Plaintiff entered the Republic of Korea on August 2, 2010 as a non-professional employment (E-9) foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on May 29, 2015.

B. On June 4, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 21, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From 197, the Plaintiff’s assertion took part in the Korean nationalism (hereinafter “BNP”) since Bangladesh. Around 2008, the Plaintiff was subject to intimidation from the applicants of AWagma (hereinafter “AWama”) who sought to deduct the Plaintiff’s land on the ground that the Plaintiff was a BNP party, and was under intimidation from the applicants of AWagma (hereinafter “AL”) who was staying in the Republic of Korea on December 31, 2014 when the Plaintiff visited Gag City while staying in the Republic of Korea, the Plaintiff was subject to an attack to the extent that he would cause a threat to the Plaintiff’s life from the AL party members.

In the event that the Plaintiff returned to Bangladesh, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee is unlawful despite the possibility of being stuffed by the AL.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the protection of the country of nationality cannot be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.

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