(영문) 서울행정법원 2018.04.17 2017구단77209

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(영문) 서울행정법원 2018.04.17 2017구단77209

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 January 17, 2009, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on January 17, 2009, and applied for refugee status to the Defendant on December 14, 2015.

B. On February 17, 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 February 29, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.

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

2. Whether the instant disposition is lawful

A. All of the Plaintiff’s family members asserted are the support of the Korean nationalism (BNP) in Bangladesh, and in particular, the Plaintiff’s punishment joined BNP in around 2004 and served as the general secretary of regional NNP, and the Plaintiff joined BNP in around 2006 and played the role of assisting regional NNP’s affairs.

On August 13, 2008, at around 23:00, the Plaintiff and the Plaintiff’s punishment were attacked by the chairman of the Awamagle (hereinafter “AL”) and seven employees of the Awamagle while returning home at the BNP conference on August 13, 2008. At the time, the Plaintiff’s punishment was killed in line with the total amount of punishment, and the Plaintiff was injured by the total and left side of the Awamagle.

Since then, although the plaintiff reported to the police, the AL person threatened the plaintiff's parent to withdraw the complaint, and the police did not investigate.

Rather, on November 15, 2008, the plaintiff argued with AL.

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