logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.10.20 2017구단27501
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 August 8, 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 August 8, 201, and applied for refugee status to the Defendant on June 7, 2016.

B. On August 9, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 was notified of the instant disposition on August 18, 2016, and filed an objection with the Minister of Justice on September 13, 2016, but the said objection was dismissed on June 8, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 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 made from around 2000 to 2010 by joining the Korean National Assembly of Bangladesh (BNP) and did not have any good relationship with Awagle (Awama and AL). In the event that the Plaintiff visited the Bangladesh in around 2015, the Plaintiff was subject to violence from the Abagle’s violent worship, and even thereafter, there was a threat that the Plaintiff would be harassment when returning to the Bangladesh due to his return to the Bangladesh.

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” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize 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, or a country in which he/she resided before entering the Republic of Korea due to such fear, or a country in which he/she has resided.

arrow