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(영문) 서울행정법원 2016.10.14 2016구단16191
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 October 4, 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 July 13, 2015.

B. On July 22, 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. On August 24, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on March 23, 2016.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including paper numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From 2005, the Plaintiff asserted to Islamic Party (Jmat-e-Islami, hereinafter “JI”) in its home country.

From the Plaintiff’s Donge on March 20, 2015, two persons were killed as a bomb terrorism, and the Plaintiff’s punishment was arrested on the police by being mistakenly mistaken by the members of Awam Lega (hereinafter “AL”).

When the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution on the grounds of political opinion.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee and shall be recognized as a refugee.

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