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(영문) 서울행정법원 2016.05.20 2015구단21646
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 July 5, 2010, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on April 28, 2015.

B. On May 14, 2015, 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. As to this, the Plaintiff filed an objection with the Minister of Justice on June 16, 2015, but was dismissed on December 14, 2015.

[Reasons for Recognition] Class A, Evidence Nos. 1, 2, Eul Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On January 3, 2004, the Plaintiff’s assertion joined the student organization of the Korean National Institute of Bangladesh (BNP) (hereinafter “BNP”), and as a result of active political activities, the Plaintiff’s assertion became the mark of support persons of the Awam Lega (hereinafter “AL”).

While the plaintiff's family members were forced to pay political donations during their employment activities and stay in the Republic of Korea, and the plaintiff was prosecuted for fire prevention and damage of motor vehicles around August 5, 2014 due to the failure of the AL support by his/her family members.

In the event that the Plaintiff’s return to his home country is feared to suffer political persecution for the foregoing reasons, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) 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, determination is made 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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