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(영문) 서울행정법원 2016.07.08 2016구단6606
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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on January 9, 2009 as a foreigner of the nationality of Bangladesh, and applied for refugee recognition to the Defendant on August 25, 2015.

B. On September 11, 2015, the Defendant issued a disposition of non-recognition of 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 September 17, 2015, but the said objection was dismissed on December 14, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was a member of the Korean National Assembly (BNP) of Bangladesh, who was assaulted by Ablade Leag (hereinafter "AL") at the BNP representative B commemorative events on August 15, 2008, but was rather identified as a perpetrator who abused AL support persons and was prosecuted.

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, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which serves as the requirement for recognition of refugee status is life, body or life.

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