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(영문) 서울행정법원 2017.04.26 2017구단5907
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 February 14, 2011, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as an alien of Bangladesh nationality, and applied for refugee status to the Defendant on November 23, 2015.

B. On April 5, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on May 3, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he joined the BNP around 2007, and worked as a general member, and that he was in preparation for regional meetings and events by communications.

On December 22, 2014, the Plaintiff was present at the BNP conference at the Plaintiff’s visit, and the Plaintiff was informed of false suspicion that there was an attack from the AL party members and received treatment for 12 days at the hospital, and that the remaining birth of the Plaintiff, a BNP party member, has a total amount by the AL party members.

The plaintiff is likely to be killed by the AL members at the time of returning to Korea.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

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, foreigners who are unable to obtain protection of their country of nationality or do not want the protection of their country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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