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(영문) 서울행정법원 2019.12.10 2019구단15694
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the Plaintiff’s nationality defense room: (a) the applicant’s non-professional employment (E-9, 3 years) for refugee status application (hereinafter “instant disposition”) on December 4, 2013, the date of entry into the People’s Republic of Korea; (b) the date of application for refugee status recognition on October 4, 2018; (c) there is no dispute over the grounds for recognition of refugee status: (d) there is no sufficient ground for recognizing that the subject of decision of decision of June 26, 2019 would be subject to persecution; (c) the Plaintiff’s evidence No. 1 through 3; (d) the entry in the evidence Nos. 1 and 2;

2. Whether the instant disposition is lawful

A. The Plaintiff’s Plaintiff’s assertion is the chairman of the Defendant Emph regional political party in Bangladesh, and the Plaintiff joined the B political party in around 2004 and actively performed activities, such as leading the demonstration or gathering by January 2013.

Although the Defendant E, the chairman of the Cparty in the Defendant Pour region, and C Party E, proposed that they would not perform the Plaintiff’s political party activity and jointly act in the C Party, the Plaintiff refused to do so.

On November 4, 2013, the Plaintiff participated in a meeting held at the B Party Defendant Empha Office, and the members of the C Party committed an attack, and continued to pose a threat that they would not engage in the B Party activity even after the attack.

The disposition of this case that the Plaintiff did not recognize as a refugee even though the Plaintiff entered the Republic of Korea and applied for refugee status by avoiding such threat is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

The term "persecution", which is a requirement for recognition of refugee status, is a threat to life, body or freedom.

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