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(영문) 대구지방법원 2019.01.11 2018구단2099
난민불인정처분취소
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 July 5, 2017, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on July 5, 2017, as a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”), and applied for refugee status to the Defendant on September 25, 2017.

B. On November 6, 2017, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she 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. The Plaintiff filed an objection with the Minister of Justice on November 23, 2017, but the said objection was dismissed on June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was assaulted by the support parties D (D; hereinafter “D”) on January 10, 2014 in his/her home country on the ground that the Plaintiff joined the Bangladesh-si B Party (B Party; hereinafter “B Party”) as an organization affiliated with the Bangladesh-si Party (hereinafter “B Party”).

D Supporters, even on December 16, 2016, did not perform the work of the organization belonging to B Party, and assault and threaten B Party Supporters, including the Plaintiff.

If the Plaintiff returned to Bangladesh, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, despite the possibility that the Plaintiff might be stuffed for political reasons.

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, the Republic of Korea shall not be entitled to protection of the country of nationality or want protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political comments.

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