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(영문) 서울행정법원 2018.05.09 2018구단6358
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 filed an application for refugee status with the Defendant on January 22, 2016, as a foreigner of the nationality of the Republic of Bangladesh (hereinafter “the Bangladesh”).

B. On May 31, 2016, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees cannot be recognized as the requirement of refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on June 20, 2016, but the Minister of Justice dismissed the objection on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion supported Jatiya party in Bangladesh, and in Bangladesh, B and C, a member of the nationalism party (hereinafter “BNP”), recommended the Plaintiff to join as BNP member on March 17, 2005.

However, upon the plaintiff's refusal, B and C have threatened the plaintiff with continuing assault or assault, and have filed a false complaint with an investigative agency as a charge of assault or assault.

If the plaintiff returned to Bangladesh, it is clear that he would be deprived of his refusal to join BNP party members from members B including B and C, so the plaintiff should be recognized as a refugee.

B. Determination 1) The term “persecution” that is a requirement for recognition of refugee status refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.” A foreigner applying for recognition of refugee status must prove that there is “a decent fear,” which is subject to such persecution (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In such cases, a refugee is present.

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