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(영문) 광주지방법원 2017.04.27 2016구단1311
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On August 30, 2010, the Plaintiff, who is a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”) nationality, entered the Republic of Korea as the status of non-professional employment sojourn on August 30, 2010, and applied for refugee status to the Defendant on June 23, 2015.

B. On June 21, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.”

C. The Plaintiff appealed and filed an objection with the Minister of Justice, but the application was dismissed on October 27, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made by the plaintiff as a member of the BNP in Bangladesh-si, and the plaintiff was threatened with the party members of the Egyptian Association and was threatened with escape from the above party members of the Egyptian. Therefore, there is sufficient concern that the plaintiff will be imprisoned when he returns to the Republic of Korea due to his own country, and it is a reasonable fear. However, the disposition of this case which did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff, in the interview and investigation, has a right to dispute with the other party members.

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