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(영문) 서울행정법원 2015.11.06 2015구단10325
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 March 6, 2012, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of Bangladesh, with the status of non-professional employment (E-9) sojourn on March 6, 2012. After obtaining permission for extension of the period of sojourn on three occasions, the Plaintiff applied for refugee recognition to the Defendant on March 30, 2015.

B. On April 14, 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 the Plaintiff 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”).

[Reasons for Recognition] Evidence Nos. 2 through 5, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made on May 21, 2015, following the Plaintiff’s entry into the Republic of Korea, with the belief of Islamic intercourse as other citizens of Bangladesh, but entered the Republic of Korea.

The plaintiff's family members known to the plaintiff's family members and the plaintiff's family members came to end with the plaintiff's personal relationship, and the neighbors threaten the plaintiff to kill the plaintiff's family members if they return to the plaintiff.

If the plaintiff returned to Bangladesh, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being harmed for religious reasons.

(b) Attached Form of relevant statutes;

C. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, must be recognized as refugee, and refugee status.

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