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(영문) 부산지방법원 2018.02.02 2017구합2715
난민불인정처분취소
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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Nationality: the People’s Republic of Bangladesh (hereinafter referred to as “Seogle”) - Entry and refugee application: Entry on April 5, 2009 (Status of Sojourn: General Use (C3-4)) / Application for recognition of refugee on June 15, 2015

B. The Defendant’s decision on May 20, 2016 to recognize refugee status (hereinafter “instant disposition”) - The applicant cannot be recognized as having a sufficiently-founded fear that the applicant would suffer from persecution.

C. Plaintiff’s objection - Formal objection to the Minister of Justice on May 23, 2016 - Decision of dismissal on June 8, 2017 [Grounds for recognition] did not dispute, Gap’s 1, 2, Eul’s 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he joined the party B in around 2001 and was engaged in volunteer activities as a representative of the area C in around 2005. On January 2009, D members sent warning and threatened D members that they would not engage in B activities with the plaintiff's sentence.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be affected by gambling when the plaintiff return to Bangladesh is high.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The following circumstances are acknowledged by comprehensively taking account of each of the evidence and evidence set forth in subparagraph 3 as well as the purport of the entire pleadings.

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