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(영문) 서울행정법원 2017.04.27 2017구단3703
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 October 30, 2006, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of Bangladesh, and stayed in the Republic of Korea as a visa exemption (B-1) on October 30, 2006, and applied for refugee status to the Defendant on February 4, 2016.

B. On March 31, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 27, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 6, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion and his family members are party members B, and the plaintiff's punishment is under political threat D by the chairman of the youth association of the party C for reasons of disturbance.

Therefore, the defendant's disposition of this case, which was made on a different premise, is unlawful even though the plaintiff constitutes a refugee suffering from persecution on the ground of political opinion.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term "lebage" to be received by the foreigner is a threat to life, body or freedom.

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