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(영문) 서울행정법원 2017.07.07 2017구단7521
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 May 11, 201, the Plaintiff, who was a national of Bangladesh, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on May 11, 201, and applied for refugee status to the Defendant on March 8, 2016.

B. On March 30, 2016, 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” 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. The Plaintiff filed an objection with the Minister of Justice on May 3, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

[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 asserted that he actively joined the People's Republic of Bangladesh (BNP) in the country of nationality and actively engaged in the Plaintiff's activities. Accordingly, around November 2008 and around August 8, 2013, the Plaintiff was subject to violence from the Ampia price and Ampigg (AL) who is a female member. On November 2013, 2013, Ampigs were issued with arrest warrant upon filing a false accusation of the Plaintiff, and around the end of 2015, Ampigs were sentenced to imprisonment for 6 years and a fine for 50,000 kys and 50,000 kys for the Plaintiff's house. On February 8, 2015.

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” is either a foreigner who is unable 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 particular social group or political opinion, or such fear.

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