(영문) 서울행정법원 2016.05.27 2016구단6071

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(영문) 서울행정법원 2016.05.27 2016구단6071

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 May 2, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on May 2, 2014, and applied for refugee status to the Defendant on September 19, 2014.

B. On June 18, 2015, the Defendant rendered a decision to recognize 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 Relating to 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 the representative of the regional office of the BNP party, and the plaintiff was working for the youth organization of the BNP party since 1994. Since 196 and 198, the plaintiff was subject to serious violence from the AL party members, and even after the plaintiff entered the Republic of Korea, the AL party members are able to ask the plaintiff's whereabouts and threaten the plaintiff's family members.

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. The phrase “gambling” which is a requirement for recognition of refugee status 1 is against life, body, or freedom.

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