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(영문) 서울행정법원 2017.07.21 2017구단12905
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 April 4, 2011, the Plaintiff, who was a national of Bangladesh, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on April 4, 201, and applied for refugee recognition to the Defendant on February 2, 2016.

B. On March 15, 2016, 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 Relating to the Status of Refugees.

C. The Plaintiff was notified of the instant disposition on April 4, 2016, and filed an objection with the Minister of Justice on September 9, 2016, but the said objection was dismissed on December 22, 2016.

[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 committed by the Plaintiff as a supporting person of the nationalism (BNP) in Bangladesh in the country of nationality, and was assaulted from Agrogragg (AwamIma, AL) around 2008.

Accordingly, the plaintiff reported the above assault to the police and the people were detained for more than two months, and it threatens that the plaintiff will die after being released from the police.

In addition, the plaintiff criticizes Amimigin to Pins North, and the plaintiff threatens Amigs to kill the plaintiff.

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 The term “refugee” refers to a person who is unable to receive or is entitled to receive the protection of a country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.

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