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(영문) 서울행정법원 2016.11.18 2016구단23298
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 November 15, 2010, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on September 8, 2015.

B. On October 8, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff 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. As to this, the Plaintiff filed an objection with the Minister of Justice on October 27, 2015, but was dismissed on June 30, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion joined the People’s Party (BNP) in Bangladesh (hereinafter “BNP”) in 2005, and took part in the activities until 2010. The Plaintiff’s wife, who is a party, killed the Plaintiff’s sentence on the ground that the Plaintiff’s family is a BNP member, and the Plaintiff’s father also killed the Plaintiff’s sentence on the ground that the Plaintiff’s family is a BNP member.

From July 2014 to August 2014, the Plaintiff was suspected of committing unlawful intrusion upon the hospital, murdering the general affairs of the AL region, and taking the house of the AL region representative.

Since the Plaintiff’s return to his home country is likely to result in political persecution from AL, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, there are sufficient grounds for being stuffed on the grounds of race, religion, nationality, membership of a particular social group or political opinion.

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