logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.11.24 2016구단26044
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 as a non-professional employee (E-9) as an alien of Bangladesh nationality, and applied for refugee status to the Defendant on November 4, 2015.

B. On November 19, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On December 28, 2015, the Plaintiff filed an objection with the Minister of Justice on December 28, 2015, but was rendered a final decision dismissing the Plaintiff’s application on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion has joined the student organization of Bangladesh National Party (BNP) in 191 in the country of nationality (hereinafter “BNP”) and has been engaged in activities before entering the Republic of Korea for 2008 after joining the youth organization.

At present, Sagle Lag (hereinafter referred to as "AL") assaulted the Plaintiff on February 21, 2015, where the Plaintiff visited the country of nationality, due to the question of the Plaintiff's activity power in the BNP.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.

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

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear that he/she may be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or by such fear.

arrow