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(영문) 서울행정법원 2016.08.12 2016구단7548
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Bangladesh - Entry and refugee application: December 6, 2010 [Status of Sojourn: Non-professional employment (E-9)] on September 30, 2015

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (see, e.g., November 11, 2015): No well-founded fear of fear may be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on March 23, 2016 [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s each entry, 1, 2, and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is likely to be persecutiond from AL, a female member of the GNP party, GNP party in Bangladesh, so there is a well-founded fear that the Plaintiff may be persecutiond on the grounds of his/her membership in a specific social group or political opinion.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be subject to persecution on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by adding the whole purport of the pleading to the evidence as stated above 2) and the evidence stated in the evidence No. 4, it is difficult to view that the Plaintiff “a well-founded fear on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge it, the instant disposition against which the Plaintiff did not accept the Plaintiff’s application for recognition of refugee status.

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