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(영문) 서울행정법원 2016.07.08 2016구단5863
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 June 23, 2010, 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 May 8, 2015.

B. On June 4, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On July 13, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 14, 2015.

[Reasons for Recognition] Evidence Nos. 1 to 4, Evidence No. 1 to 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From 1993 to 1997, the Plaintiff asserted that he had engaged in a construction-related work in Saudidi, and that he had been working as the Korean nationalism Party B (BNP) in the region of Saudidi, and that he continued to engage in a legitimate activity in the future even after he had returned from Saudidi.

The plaintiff participated in the events held at the early BNP in 2010 prior to entry into the Republic of Korea, and was killed after being arrested by the AL supporter during assault from the supporter of the Ampia (hereinafter referred to as the "AL") of the Ampia, Anmpia. The plaintiff was arrested by the AL supporter during the CNP demonstration.

Although the Plaintiff intended to return to the Republic of Korea after the period of stay expires due to the aggravation of the political situation in Bangladesh, the family members of the Republic of Korea continued to return to the Republic of Korea on the ground that the Plaintiff’s return to the Republic of Korea is likely to pose a threat to life or body from AL if they return to the Republic of Korea.

As such, the Plaintiff.

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