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(영문) 서울행정법원 2017.06.28 2017구단1738
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 April 10, 2013, the Plaintiff entered the Republic of Korea as an alien of Bangladesh nationality status of non-professional employment (E-9) and applied for refugee status to the Defendant on April 25, 2016.

B. On May 16, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff appealed to the Minister of Justice on June 9, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that: (a) the Plaintiff operated both circles in Bangladesh; and (b) the Party members of ASEAN and BNP, the first week party to the Egyptian, demanded the Plaintiff to pay donations; and (c) threatened the Plaintiff’s body.

Therefore, if the plaintiff returns to Bangladesh, it shall be deemed that there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff as a refugee should be deemed unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.

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