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(영문) 광주지방법원 2019.02.28 2018구단11022
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On August 7, 2013, the Plaintiff, a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”), entered the Republic of Korea as a non-professional employment (E-9 and June 6, 2018, the expiration date of the sojourn period), and applied for refugee recognition to the Defendant on June 1, 2018.

B. On July 27, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was married in 2014, but the Plaintiff’s wife was doubtful of the Plaintiff’s sexual intercourse in Korea and divorced on February 24, 2017. On October 25, 2017, after divorce, the Plaintiff abused the Plaintiff and threatened the Plaintiff’s family members to kill the Plaintiff’s return to Korea. Thus, the instant disposition that did not recognize it on a different premise is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 2 and 3 as well as the overall purport of the pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

(1) Evidence proving his/her own assertion, in addition to his/her statement, shall be presented.

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