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(영문) 서울행정법원 2017.07.21 2017구단13724
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 June 29, 2010, the Plaintiff, who was a national of Bangladesh, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on June 29, 2010, and applied for refugee status to the Defendant on April 2, 2015.

B. On April 21, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to 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” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 14, 2015, but the said objection was dismissed on February 24, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was active as a member of the Korean nationalism Party (BNP) in Bangladesh in the country of nationality. Accordingly, the Plaintiff’s assertion threatened the Plaintiff, and the Plaintiff’s house was threatening by an attacking the Plaintiff’s house, thereby threateninging the Plaintiff’s house to supplement hushes.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a stateless foreigner who is a requirement for refugee recognition, is against life, body or freedom.

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