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(영문) 서울행정법원 2019.08.22 2019구단7198
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 31, 2015, as a foreigner of the nationality of the People’s Republic of Bangladesh (People’s Republic of People’s Republic) (hereinafter “Peopleh”), with C-3 (short-term Visit) sojourn status on December 31, 2015.

B. On January 6, 2016, the Plaintiff filed an application for refugee status with the Defendant, but on February 14, 2018, the Defendant rendered a disposition for refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a possibility of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On March 27, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3 and 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. B, the Plaintiff’s assertion, as the party member of the Bangladesh Nationalism Party (BNP) in Bangladesh-si, the party member of the Party of Bangladesh-si. Since the Party’s political activity is likely to threaten the Party’s members and the police to life or physical freedom, the status of refugee should be recognized, and the status of refugee should also be recognized to the Plaintiff, his/her dependent, in accordance with the family-combined principle.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a refugee is a race, religion, nationality, and specific person.

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