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(영문) 서울행정법원 2018.03.28 2018구단633
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 March 5, 2016, the Plaintiff entered the Republic of Korea on March 5, 2016, and applied for refugee recognition to the Defendant on March 17, 2016.

B. On March 30, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On May 16, 2016, the Plaintiff filed an objection with the Minister of Justice on May 16, 2016, but the objection was dismissed on December 7, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff joined a youth organization in Bangladesh in 1998 nationalism (hereinafter “BNP”) and served as the representative of a youth organization from 2000 to 2012.

The plaintiff, at home country, was alerted to kill the plaintiff, by the activity participants of Awami Lea (hereinafter referred to as the "AL") in the AwamI, and was given a warning to kill the plaintiff, and the plaintiff was also subject to the tag.

The plaintiff is also prosecuted for a false accusation such as illegal possession of arms and violence.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. 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, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee, and “persecution” which serves as a requirement for recognition of refugee status is either life or body.

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