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(영문) 서울행정법원 2019.08.13 2019구단8702
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. The Plaintiff, a foreigner of the People's Republic of Bangladesh (hereinafter referred to as Bangladesh), who is a national of the People's Republic of Bangladesh, has a passport issued in the name of another person "B" on April 18, 201, and entered the Republic of Korea with a non-professional employment (E-9) visa issued in that name.

B. On October 19, 2016, the Plaintiff applied for refugee status to the Defendant. However, on December 27, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that there was no sufficiently-founded fear that the Plaintiff would be stuffed to the Plaintiff.

C. The Plaintiff filed an objection with the Minister of Justice on January 25, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

[Reasons for Recognition] The entry of the evidence of Nos. 1 to 3 and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion physically conflict with D party members who were in the activities of the party members of the Bangladesh political party (C party; hereinafter “C party”) in Bangladesh-si, the opposition party of Bangladesh-si.

D Party members were assaulted by C Party members, and the Police of Bangladesh was prosecuted for this reason, and if the plaintiff returned to Bangladesh, there is a concern that the plaintiff will be arrested or threatened by D Party members.

In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the application for recognition of refugee was filed is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

recognition of refugee status;

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