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(영문) 서울행정법원 2015.07.24 2015구단3310
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 December 2, 2008, the Plaintiff entered the Republic of Bangladesh as a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”)’s nationality, and stayed under extension of the period of sojourn after entering the Republic of Korea as a non-professional employment (E-9), and applied for refugee recognition to the Defendant on September 26, 2013.

B. On April 30, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) 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 a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On May 23, 2014, the Plaintiff filed an objection with the Minister of Justice on May 23, 2014, but the said objection was dismissed on December 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he participated in various social activities and political demonstrations after becoming a member of Islamic Party (Jamaat-e-Islami), a minority party in Bangladesh-si, around 2002.

The plaintiff participated in the demonstration on January 15, 2012, and the members of Islamic Party and Amiriririg at the time conflict with each other, causing the injured. Accordingly, the plaintiff got double the police.

Therefore, in the event that the Plaintiff returned to Bangladesh, the instant disposition, which was taken on a different premise, is unlawful despite the possibility of harming the government’s gambling on the grounds of the membership status or political opinion of a specific social group.

나. 관계 법령 ▣ 구 난민법(2014. 3. 18. 법률 제12421호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a recognition that he/she is likely to be stuffed on grounds of race, religion, nationality, status as a member of a specific social group, or political opinion;

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