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서울행정법원 2015.11.13 2015구단10950
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. The Plaintiff entered the Republic of Korea on December 22, 2008 with the status of non-professional employment (E-9) sojourn as a foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on October 11, 2013.

B. On June 11, 2014, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff 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 June 20, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted from 1987 to 1990, and the Plaintiff was a member of the student organization of the Korean nationalism Party (BNP) (BNP) from 1987 to 1990, and was working as a member of the BNP.

On June 2006, the plaintiff reported to the police on the ground that the plaintiff was working in the BNP and received the category of the police. The plaintiff was designated as the police.

In 2012, the Plaintiff entered the Republic of Korea, and the AL applicants filed a false report that BNP would hold a meeting with a total or knife, and the police arrest of BNP members began, and the Plaintiff went back to the Republic of Korea after escaping.

If the plaintiff returned to Bangladesh, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the risk of persecutioning for political opinion.

(b) Attached Form of relevant statutes;

C. (1) Determination is (1) Article 2 Subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention.

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