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(영문) 부산지방법원 2019.04.10 2019구단20
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 19, 2013, the Plaintiff entered the Republic of Bangladesh as a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”), and entered the Republic of Korea as a status of non-professional employment (E-9) sojourn. On June 12, 2018, the Plaintiff applied for refugee status to the Defendant.

B. On November 5, 2018, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficiently-founded fear that the applicant would be subject to persecution” as a requirement of refugee status under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition】 Facts without any dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was engaged in support activities of C, a student father of the party B from high school, and was engaged in political party activities as a general party member after graduation.

In 2010 and B in 2011, the competition party, which is a member of the competition party, was attached to D's number and fighting, and even thereafter, competition parties have threatened their father of the plaintiff with the prohibition of the plaintiff's activities, and the threat continues even after the plaintiff's movement.

The situation in which the plaintiff is faced is a member of a specific social group, and there is a well-founded fear that there is a well-founded basis to recognize that the situation is detrimental to the status or political opinion.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

(b) In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a State of nationality cannot be protected due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political comments.

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