(영문) 서울행정법원 2016.01.22 2015구단17159

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(영문) 서울행정법원 2016.01.22 2015구단17159

난민불인정결정취소

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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 July 19, 2010, the Plaintiff entered the Republic of Korea as a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”)’s nationality, and applied for refugee status to the Defendant on April 29, 2015.

B. On May 20, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) 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 Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on June 4, 2015, but the said objection was dismissed on September 24, 2015.

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

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion took place from around 2007 to around 2010, and participated in the demonstration and gathering, which is a youth organization of the National Assembly of Bangladesh (BNP).

In around 208, the plaintiff was arrested under the suspicion of assault against the members of AwamIg (hereinafter referred to as "AL") and women, who are opposing parties, and was sentenced to a conviction at the first instance court, but was sentenced to a conviction at the appellate court, but was sentenced not guilty of assault against women at the appellate court.

Around March 2015, while the Plaintiff was entering and staying in the Republic of Korea for the purpose of job-seeking activities, the Plaintiff was suspected of transporting narcotics from the B market on the grounds of the Plaintiff’s political activities, and was indicted by the chief of the police station on April 2015 on the charge of participating in the demonstration and terrorist-related suspicion.

Therefore, in the event that the plaintiff returned to Bangladesh, even though there is a possibility that it would be stuffed by the ruling party and the government on the ground of BNP party activities, this case was made on a different premise.

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