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(영문) 서울행정법원 2017.12.15 2017구단1455
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the Plaintiff’s nationality defense room: (a) the non-professional employment (E-9) for refugee status on November 17, 2009 (E-9) (hereinafter “instant disposition”) on the date of entry into the People’s Republic of Korea on September 13, 2016 of the date of application for refugee status recognition (hereinafter “instant disposition”); (b) the facts that there is no dispute over the grounds for recognition of rejection of the decision made on September 28, 2016 of the date of application for objection that there is no sufficient ground for recognition of refugee status: (c) the facts that there is no ground for recognition of rejection of the decision made on October 10, 2017 of the date of application for objection; (d) the evidence No. 1, No. 2, 5, and 6 of the evidence; and (e) the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”).

The Plaintiff was indicted with false suspicion that not only was threatened by the part of the Giuriurig, a party, but also was arrested by the police during the year 2013, on the ground that the Plaintiff joined the student organization of the Niurig National Party of Bangladesh, which was a party, and was charged by the police.

As such, since the Plaintiff’s return to Bangladesh is likely to be detrimental to gambling, the Plaintiff ought to be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a foreigner who is not able to return to 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.” 2) The aforementioned evidence and the statement in the evidence No. 3 reveal the following circumstances that can be known by adding the whole arguments to the purport of the pleading in addition to the statement in the evidence No. 3, the Plaintiff is “a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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