logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.06.22 2017구단7507
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 8, 2011, the Plaintiff entered the country of the People’s Republic of Bangladesh (hereinafter referred to as “Seogle”) as a foreigner of the nationality of the People’s Republic of Bangladesh, and applied for refugee status on April 5, 2016, when the period of sojourn expires (E-9 April 7, 2016).

On April 19, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff received a notice of decision on the refusal of refugee status on May 2, 2016 and raised an objection to the Minister of Justice on May 23, 2016, but was dismissed on the same ground as of December 22, 2016.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was the Plaintiff’s active activities at the NP’s NP of Bangladesh, and participated in the demonstration hosted by the BNP on August 5, 2014, and the people of the Ethiopia (AL) damaged the earth, the vehicle, etc. in the vicinity of the Plaintiff.

However, the police tried to arrest the plaintiff by filing a complaint with the police against the plaintiff's act of damaging the vehicle.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who are unable to obtain protection of their nationality or do not want the protection of their 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.

arrow