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(영문) 서울행정법원 2017.04.12 2016구단26273
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 21, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on June 21, 2010, and applied for refugee status to the Defendant on April 14, 2015.

B. On April 28, 2015, 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. The Plaintiff appealed and filed an objection with the Minister of Justice on June 11, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on June 30, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff was registered in the life register of Islamic citizens by raising an article that criticizes Islamic party members’ violence to SNS, and then was registered in the life register of Islamic fundamental citizens.

Therefore, if the plaintiff returned to Bangladesh, it should be deemed that there is a risk of persecution, and even so, the disposition of this case, which did not recognize the plaintiff as a refugee, should be deemed unlawful.

B. 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 who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.

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