(영문) 서울행정법원 2018.02.26 2017구단37300

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(영문) 서울행정법원 2018.02.26 2017구단37300

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 February 4, 2009, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea as a non-professional employment (E-9) sojourn status and stayed, and applied for refugee status to the Defendant on September 26, 2016.

B. On October 5, 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 24, 2016, but the objection was dismissed on October 11, 2017, and the Plaintiff received a notice of dismissal decision on October 25, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had been threatened with or had a false complaint from the party members of the AL AmI (the other party) on the ground that the Plaintiff was working as the party members of the JMAT-e-Islai (JMAT) in Bangladesh.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner is in life, body or freedom.

참조조문

-난민법 제2조 제1호

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