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(영문) 서울행정법원 2016.01.15 2015구단14938
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 May 26, 2009, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 26, 2009, and stayed after changing the status of stay on December 20, 2012 to other (G-1) sojourn status, and completed April 15, 2013. After departure from the Republic of Bangladesh, the Plaintiff applied for refugee status recognition to the Defendant after re-entry into the Republic of Bangladesh on June 25, 2013.

B. On June 18, 2014, the Defendant rendered a disposition of non-recognition of 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 suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On July 15, 2014, the Plaintiff filed an objection with the Minister of Justice on July 15, 2014, but the said objection was dismissed on July 1, 2015.

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

2. Whether the disposition is lawful;

A. The plaintiff's assertion was made around 1997 by the plaintiff as a student organization of the Korean nationalism Party (BNP hereinafter "BNP"), and from around 2002, the plaintiff joined the Jeju Youth Association, which is a youth organization of BNP.

Since then on December 28, 2008, the Ampia (hereinafter referred to as the "Ampia") of Ampia (hereinafter referred to as the "Ampia") began to be lacking of BNP party members as the opposing party was on the top of the Ampia, and the plaintiff was faced with it to the Republic of Korea.

The plaintiff stays in Korea.

On April 15, 2013, when returning to the Republic of Korea, the plaintiff was aware that the plaintiff was falsely reported for possession of firearms from the AL party members and received the number of the police.

Therefore, in the event that the plaintiff returns to Bangladesh, there is a concern that he might be stuffed from the AL party members on the ground that he is the BNP party members.

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