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(영문) 서울행정법원 2020.10.28 2020구단65565
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the decision not to recognize refugee status was ① The Plaintiff entered the Republic of Korea on February 9, 2017 with the second citizen of the People’s Republic of Bangladesh (People)’s Republic of Bangladesh’s Republic of Korea as a short-term visit (C-3) sojourn status on February 9, 2017, and on April 27, 2017, applied for refugee status recognition to the Defendant on the ground that “The Plaintiff is a party member of the C Party in Bangladesh, and is threatened by the local guidance of the D Party.”

② On June 11, 2018, the Defendant issued a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Defendant, during the period of release, filed a complaint against terrorism against a bus and arrested and released as bail for the purpose of tourism several times during the period of release on bail, without any problem, entered the Republic of Korea, and made a statement that he/she entered the Republic of Korea without any problem, there is a doubt as to whether the Plaintiff is a person suspected of terrorism.” The Defendant made a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that “The motive for applying for refugee status is doubtful by stating that there is no reason other than the purpose of the business when entering the Republic of Korea as a political issue.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion was active as the vice-chairperson of the C Party in Bangladesh. Accordingly, the plaintiff was accused of false facts from the local chairman of the D Party and the party members, and was attacked three times.

As a result, since the plaintiff was born to the Republic of Korea, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

3. On May 30, 2018, in relation to the application filed by the Plaintiff for recognition of refugee status in this case, the Plaintiff’s gambling in Bangladesh at the time of interview with the public officials belonging to the Defendant.

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