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(영문) 광주지방법원 2017.08.24 2017구단315
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On November 15, 2010, the Plaintiff, a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”), filed an application for refugee status with the Defendant on August 26, 2015, when entering the Republic of Korea for non-professional employment status and the period of stay expires ( September 14, 2015).

B. On June 28, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. On July 21, 2016, the Plaintiff filed an objection with the Minister of Justice on July 21, 2016, but was dismissed on December 22, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 4, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was that the plaintiff was a party of the Islamic Party of Bangladesh (Jamaat-e-Islami) and was forced to escape from the members of the Egyptian political party of the Egyptian. Therefore, there is sufficient concern that the plaintiff would be imprisoned when he returns to Bangladesh, and it is a reasonable fear. However, the disposition of this case which did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 4 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff was working as a member of Islamic Party.

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