logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.12.21 2016구단21414
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 November 15, 2010, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on September 4, 2015.

B. On September 9, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that it would be detrimental to the status of refugee 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”).

C. On September 30, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on June 30, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was working as a member of the pertinent political party from the Republic of Korea to the date of 2010 after joining the Islamic Party (Jamaat-e-Ismi, hereinafter “JI”), and that on around 2009, the Plaintiff published a letter of criticism against AmIs (hereinafter “AL”) on a magazine intended for a Islamic Party student group, and left the Republic of Korea for six months from AL persons on the ground that he/she was aware of the fact that he/she published it on a magazine intended for a Islamic Party student group.

When the plaintiff returns to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of being affected by political opinion.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality cannot be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.

arrow