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(영문) 서울행정법원 2017.12.15 2017구단32268
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the disposition, the Plaintiff’s nationality defense room: (a) the short-term visit of sojourn status (C-3) on October 18, 2015, the date of entry into the People’s Republic of Korea of the People’s Republic of Bangladesh; (b) the date of application for refugee status recognition (hereinafter “instant disposition”) on November 13, 2015, and the date of application for refugee status recognition (hereinafter “instant disposition”); (c) February 24, 2017: The fact that there is no dispute over the grounds for recognition of the rejection of the decision of the Supreme Court of Korea on February 27, 2017, as of the date of application for objection, that there is no ground for recognition of the rejection of the decision of the Supreme Court of Korea as of July 18, 2017; (c) the entries in subparagraphs 1 and 2

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”).

The plaintiff was active as a member of the Korean National Cemetery in Bangladesh.

In 2014, ASEANn people, who became the Egyptian party, started to threaten the Plaintiff by demanding the Plaintiff to discontinue their activities, and the Plaintiff has been a Republic of Korea regardless of the damaged Egyptian.

As such, if the Plaintiff returned to Bangladesh, he/she is likely to be imprisoned from the side of the Asia, and thus, he/she should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or is a stateless foreigner who is unable to return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) When comprehensively considering the evidence and evidence set forth in subparagraph 3 as well as the following circumstances that can be known in addition to the purport of the pleading as a whole, the Plaintiff’s persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.

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