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(영문) 서울행정법원 2016.03.23 2015구단60542
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 December 2, 2008, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on October 7, 2013.

B. On July 15, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be detrimental to the status of refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On August 25, 2014, the Plaintiff filed an objection with the Minister of Justice on August 25, 2014, but the said objection was dismissed on July 1, 2015.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unlawful in the disposition of this case which did not recognize the plaintiff as a refugee, despite the possibility that the plaintiff might be stuffed by political opinion from the AmI AmI AmI (AmI), because the plaintiff was a member of the Islamic Party (Jama-e-Ismi, hereinafter "JI"), which is the party of Bangladesh.

B. (1) 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, foreigners in the Republic of Korea who are unable to be protected or do not want to be protected in 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 opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”

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