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(영문) 서울행정법원 2017.11.30 2017구단72273
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 September 20, 2016, the Plaintiff filed an application for refugee status with the Defendant on September 20, 2016 while entering the Republic of Korea as a non-professional employment (E-9) sojourn status on November 1, 2010.

B. On October 14, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as “ sufficiently-founded fears that would be subject to persecution” as a requirement for refugee status prescribed under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On November 18, 2016, the Plaintiff filed an objection with the Minister of Justice on November 18, 2016, but the decision dismissing the Plaintiff’s application was rendered on July 18, 2017.

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

2. Determination on the legitimacy of the disposition

A. The purport of the Plaintiff’s assertion was to file a complaint with the police on false suspicion that the Plaintiff joined the student organization of the Korean National Council (BNP) in Bangladesh in its home country, and prepared an event and a meeting as a joint general secretary, and actively participated in the demonstration. The Plaintiff filed a complaint with the police that “the Plaintiff attacked a meeting of a party member of the ASEAN, which is a female member, around March 3, 2013,” and issued the current warrant of arrest.

Therefore, if the plaintiff returned to Bangladesh, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though it is highly likely that the plaintiff would be stuffed by Aguri, for the reason that he is a BNP party member.

B. In full view of the following circumstances, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the above facts of recognition and the purport of the evidence Nos. 3 and 5 as well as the entire arguments, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

1. The plaintiff.

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