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(영문) 서울행정법원 2015.09.04 2015구단5880
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 February 4, 2009, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn and stayed with the permission for extension of the period of sojourn, and filed an application for refugee status with the Defendant on November 25, 2013, prior to the expiration of the period of sojourn ( December 3, 2013).

B. On June 19, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was conducted from 1991 to 1993 by the plaintiff's activities in Jamaat-E-Islai, and participated in political activities as a sponsor of the party by participating in the general election voting in 2007 and 2008.

Since 2010, AL party took an aggressive attitude in relation to the political activities of Jamaata from 2010, it opposed to and directly threatened the plaintiff's political activities.

Therefore, the plaintiff is a refugee who, on the grounds of political opinion, is threatened by a person of extreme interest in another political party.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.

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