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(영문) 서울행정법원 2016.04.08 2015구단20490
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 June 29, 2010, the Plaintiff, a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”), who was a national of the People’s Republic of Bangladesh, entered the Republic of Korea as a sojourn status for non-professional employment (E-9) and stayed after obtaining permission for extension of the period of sojourn, and filed an application for refugee status with the Defendant on April 22, 2015, before the expiration of the period of sojourn (E-9).

B. On May 14, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is constantly a dispute between the parties that aim at the three-speed government and the parties that pursue Islamic government, and the terrorism against party members or support parties is constantly occurring.

On 2001, the Plaintiff joined as a member of the Korean National Cemetery (BNP) in Bangladesh, and entered the Republic of Korea.

On January 30, 2015, on the ground that the family members of the plaintiff were assaulted from the members of the ASEAN (AL), which is a female member of the House on January 30, 2015, on the ground that the family members of the plaintiff were supported by the Korean nationalism, the father of the plaintiff stated the above fact to the plaintiff who want to return to Korea upon the expiration of the period of sojourn and said that the plaintiff's father

Therefore, when the plaintiff returned to Korea, the plaintiff is a refugee who is likely to be stuffed from the members of the Amimigian Council for political reasons.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” is a member of a race, religion, nationality, or specific social group.

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