logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.11.17 2016구단684
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On October 22, 2009, the Plaintiff, a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”)’s nationality, entered the Republic of Korea as a non-professional employment status on October 22, 2009, and stayed after September 16, 2014, the expiry date of his/her stay, and applied for refugee status to the Defendant on October 16, 2014.

B. On January 8, 2016, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice, but the said application was dismissed on June 30, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion B, a Islamic Party B, made a false report on the Plaintiff as a robbery in Bangladesh, demanded money, etc. In the event that the Plaintiff returned to the Republic of Korea through Bangladesh, there is sufficient concern for fear of gambling and that it is a reasonable fear. However, the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff’s argument is for the purpose of money transaction B, one of the four people.

arrow