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(영문) 서울행정법원 2016.07.01 2016구단6361
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 July 14, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as an alien of Bangladesh nationality, and applied for refugee status to the Defendant on May 6, 2015.

B. On June 4, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter the instant disposition) 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.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a regional B of the People’s Republic of Bangladesh (BNP) youth group on December 5, 2013, the Plaintiff visited and put to the country of nationality on December 5, 2013, and was present at the NAP assembly in the village, and the Plaintiff was subject to an attack from the members of the Emipia Federation (AL) and was made a false accusation of illegal possession of arms.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be affected by gambling when the plaintiff return to Bangladesh is high.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. “Lambling,” which is a requirement for recognition of refugee status 1, is essential human beings, including threats to life, body or freedom.

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