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(영문) 서울행정법원 2016.07.01 2016구단5399
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Bangladesh - Entry and refugee application: December 8, 2009 (Status of Sojourn: Non-professional Employment (E-9)) on October 1, 2014

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: A sufficiently-founded fear of persecution cannot be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on December 14, 2015 / [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s statement Nos. 1, 2 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was promulgated that there is sufficient grounds to recognize that the plaintiff would be persecution, since the tenant of the land in order to receive the leased land from the plaintiff in Bangladesh, argued that he/she was his/her own ownership, and the lessee of the land in order to deliver the leased land.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be subject to persecution on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by adding the whole arguments to the evidence mentioned above, the evidence mentioned above mentioned in subparagraph 2, and the evidence mentioned in subparagraph 4, and the purport of the pleading mentioned in subparagraph 4, it is difficult to view that the Plaintiff “a well-founded fear on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this otherwise, the instant disposition against which the Plaintiff’s application for recognition of refugee status was lawful.

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