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(영문) 서울행정법원 2017.11.09 2017구단25369
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 March 27, 2016, the Plaintiff filed an application for refugee status with the Defendant on June 22, 2016 while entering the Republic of Korea as a short-term visit (C-3) sojourn status on March 27, 2016.

B. On August 22, 2016, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized “ sufficiently based fears that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On September 1, 2016, the Plaintiff filed an objection with the Minister of Justice on September 1, 2016, but rendered a final decision to dismiss the Plaintiff’s application on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4 (including provisional number), the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was to operate bus transportation companies in his own country as a member of the Korean National Party (BNP). The Plaintiff joined a meeting, event, and demonstration as a member of the political party of the Korean National Assembly (hereinafter “BNP”) and took part in the meeting, event, and demonstration. The Plaintiff threatened the Plaintiff by hindering the Plaintiff’s business and assaulting the Plaintiff through violence, etc. on the ground that the party members are BNP members.

Therefore, if the plaintiff returned to Bangladesh, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though it is highly likely that the plaintiff would be stuffed by Aguri, for the reason that he is a BNP party member.

B. In full view of the following circumstances, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the above facts of recognition and the purport of the evidence Nos. 3 and 5 as well as the entire arguments, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

1. The Plaintiff.

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