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(영문) 서울행정법원 2015.06.05 2015구단2218
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 18, 2006, the Plaintiff entered the Republic of Korea for the first time on December 13, 2009, and left the Republic of Korea on December 18, 2009. On January 29, 2010, the Plaintiff filed an application for recognition of refugee with the Defendant on March 13, 2013, after the expiration of the period of sojourn, when he/she resided in the Republic of Korea for a visa for non-professional employment (E-9).

(hereinafter “instant refugee application”). B.

On May 9, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a refugee requirement 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 19, 2014, the Plaintiff filed an objection with the Minister of Justice on May 19, 2014, but the said objection was dismissed on December 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On June 2000, the Plaintiff asserted that he joined a youth organization (BNP) in Bangladesh and worked as a general member. Around June 2000, the Plaintiff joined a youth organization (Jubo Dal).

During that process, the Plaintiff was threatened with the threat that it may be avoided if the Plaintiff continues to support the NP from the supporter of the Aamagle (hereinafter referred to as the "AL") who is the opposite party.

Therefore, in the event that the Plaintiff returned to Bangladesh, the instant disposition taken on a different premise is unlawful despite the risk of persecution from the AL party members.

나. 관계 규정 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과...

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