logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.11.11 2020구단13298
난민불인정결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 12, 2016, the Plaintiff entered the Republic of Bangladesh People’s Republic (hereinafter “the Bangladesh”) as a foreigner of nationality, and applied for refugee status to the Defendant on September 13, 2017, by entering the Republic of Korea as a non-professional employment (E-9) sojourn status.

B. On November 22, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on December 5, 2018, but the Minister of Justice dismissed the objection on April 21, 2020.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 through 3, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was actively engaged in political activities while supporting the B party after joining the B party (hereinafter “B party”) in Bangladesh, which is a nationality State, around 2000.

As a result, the plaintiff was threatened by the members of the C Party (hereinafter referred to as the "C Party").

On February 10, 2016, the Plaintiff participated in the Bparty event held in the Plaintiff’s residential area. At the time, there was a conflict with Cparty members and many people.

Therefore, although the Plaintiff’s return to Bangladesh is likely to pose a threat to his/her life or physical freedom, the Defendant’s disposition rejecting the Plaintiff’s application for recognition of refugee status is unlawful and thus should be revoked.

B. The fact that an applicant for refugee status 1 has “abruptly-founded fears” for “abruptive fears caused by race, religion, nationality, status as a member of a specific social group, or political opinion” is proven by the applicant for refugee status.

arrow