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(영문) 서울행정법원 2018.05.15 2018구단3465
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 May 12, 2007, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on May 12, 2007, and applied for refugee status to the Defendant on December 3, 2015.

B. On January 27, 2016, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 14, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is Buddhistdo. Around January 2007, the neighboring village created a path on the Plaintiff’s house, and sought to cut off the Plaintiff’s house. The Plaintiff resisted, and caused the Plaintiff’s death of the Plaintiff’s body by setting the Plaintiff’s house, and reported the Plaintiff’s possession of arms against the Plaintiff.

In addition, in Bangladesh, the U.S. is under the pressure of Islamic Party.

In the event that the Plaintiff returned to a country of nationality, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, despite the risk of persecution for religious reasons as above.

B. In full view of the provisions of Article 2 Subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality may be obtained due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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