(영문) 서울행정법원 2018.10.31 2018구단10128

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(영문) 서울행정법원 2018.10.31 2018구단10128

난민불인정결정취소

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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, 200, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on December 18, 2000, and applied for refugee status to the Defendant on July 29, 2016.

B. On September 28, 2016, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on October 26, 2016, but was dismissed on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff’s father was a member of the BNP party at Bangladesh, but the party member at the Abagma, the Plaintiff’s father was assaulted several times on the ground that the Plaintiff’s father was a member of the BNP party, and the Plaintiff’s father was threatened by means of false reporting to the police and allowing the police to be detained.

Accordingly, the father of the plaintiff may also be threatened to the members of the Rigian Party, who are the father of the plaintiff, so that the plaintiff may enter the Republic of Korea.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling from the party members of the Academy of Bangladesh and the United States.

B. 1 The term “refugee” means that a person is unable to be protected by the country of nationality due to well-founded fear of recognizing 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.

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