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(영문) 서울행정법원 2017.09.22 2017구단67158
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 August 17, 2015, the Plaintiff, who was a national of Bangladesh, entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 17, 2015, and applied for refugee status to the Defendant on September 2, 2015.

B. On February 27, 2017, 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 on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on March 6, 2017, but the said objection was dismissed on the same ground as on July 18, 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 actively engaged in the country of nationality as a member of the Korean nationalism (BNP) in Bangladesh, and thereby, is threatened by Awagrais and AL.

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) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular 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), or a stateless foreigner who does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act), which is the requirement for

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