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(영문) 서울행정법원 2017.05.25 2017구단889
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 26, 2006, the Plaintiff entered the country of the People’s Republic of Bangladesh (hereinafter “L-1”) as a foreigner of the nationality of the People’s Republic of Bangladesh, and applied for refugee status on February 19, 2016 after the expiration of the period of stay ( March 26, 2007).

On March 15, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On April 12, 2016, the Plaintiff filed an objection with the Minister of Justice on April 12, 2016, but was dismissed on the same ground on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was threatened by the Minister B of Justice C while working in the People’s Republic of Bangladesh (BNP) youth organizations at the time.

In the event that the plaintiff returns to his home country, it is likely to be threatened again.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, shall be recognized as refugee, and recognition of refugee.

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