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(영문) 부산지방법원 2018.05.30 2018구단20508
난민불인정처분취소
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 August 9, 2010, the Plaintiff applied for refugee status to the Defendant on June 4, 2015, after the Plaintiff entered the Republic of Bangladesh-si’s nationality as a foreigner, and entered the manufacturing industry (E9-1) status on August 9, 2010.

B. On August 24, 2016, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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 September 6, 2016, but the said objection was dismissed on June 8, 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 asserted that the plaintiff is a party member of the BNP party, and that the plaintiff cannot return to Bangladesh because he was threatened with assault and threat from the support party of the BNP party, who is a party of the Egyptian Party, to suspend the activities of the NNP party. The disposition of this case that did not recognize the plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is not able to return to, or does not want to return to, the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1 of the Refugee Act). In such cases, “persecution” which serves as a requirement for recognition of a refugee refers to “an act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom,” and “a sufficient fear” subject to such persecution.

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