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(영문) 서울행정법원 2017.10.12 2017구단24250
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 December 31, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on December 31, 2014 and stayed, and applied for refugee status to the Defendant on January 8, 2015.

B. On March 12, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 21, 2015, but was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on May 25, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a member of BNP (Bladeh NP) Party in Bangladesh, and the Plaintiff was a party and the party members who are the party and the party and the party members who are the party and the party and became the party under the suspicion of murder due to his/her false accusation.

When the plaintiff returns to his country, there is a risk of being arrested by the police.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

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

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