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(영문) 서울행정법원 2016.05.13 2016구단271
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Bangladesh - Entry and refugee application: July 19, 2010 [Status of Sojourn: Non-professional Employment (E-9)] April 27, 2015

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on December 14, 2015 / [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s statement Nos. 1, 2 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was admitted to the “Emar Empia Empia Party” in Bangladesh-si, around 2001, and around 2005, the representative of the above party’s village, who is a competing party, was engaged in political activities against the “Empia” party.

At that time, during the 2008 total period, he suffered attack from the members of the "Abari" member.

In addition, the Plaintiff, at the time of the second visit in Bangladesh, is free from suspicion of violent incidents in September 2013, the time of the second visit in Bangladesh, and is likely to be detained or harmed if he/she returns to Bangladesh. Therefore, there is a well-founded fear that there is a well-founded basis to recognize that he/she may be harmed due to the status of a member of a specific social group or political opinion.

B. “Refugee” in Article 2 subparag. 1 of the Refugee Act refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

The term "" is defined as ".

2. Pleadings shall be made on the aforementioned evidence, evidence No. 3, and evidence No. 4 through No. 7.

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