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(영문) 서울행정법원 2016.07.22 2016구단6095
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 June 7, 2010, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of the nationality of Bangladesh, and on August 25, 2015, filed an application for refugee status recognition with the Defendant (hereinafter “instant application for refugee status”).

B. On August 31, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on September 7, 2015, but the said objection was dismissed on December 14, 2015.

[Reasons for Recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was a threat of murdering in the course of the plaintiff's participation in student organizations of the nationalism (BNP) in Bangladesh in around 2004, and it was a threat of murdering in the event of continuing support of BNP from the opposing party members of the Awami Ampia (hereinafter "AL").

On June 7, 2010, the Plaintiff avoided political gambling and entered the Republic of Korea, and even recently, the AL party members threatened the Plaintiff’s family residing in Bangladesh, and issued a warning of retaliation against the Plaintiff’s return.

In the event that the Plaintiff returned to his home country is likely to suffer persecution on the grounds of political opinion, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, determination is based on race, religion, nationality, membership of a particular social group or political opinion.

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