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(영문) 서울행정법원 2018.11.15 2018구단17709
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. The Plaintiff entered the Republic of Korea on October 6, 2009, with the nationality of the People's Republic of Bangladesh (Peoplele's Republic of People's Republic (hereinafter "People") and the status of stay of E-9 (Non-professional Employment) (Non-professional Employment).

B. On August 2, 2017, the Plaintiff filed an application for refugee status with the Defendant, but on August 30, 2017, the Defendant rendered a disposition for refugee status not to grant refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 13, 2017, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. On October 2005, the Plaintiff’s assertion continued to join as a party member of the Party B (B; hereinafter “B”) and continued to engage in the pertinent political party activities. At that time, the Plaintiff had been threatened several times from the party members of the Party C (C; hereinafter “C”).

C Party members continued to threaten the Plaintiff’s mother and mother in Bangladesh, even after the Plaintiff had turned into the Republic of Korea. On July 10, 2017, the Plaintiff demanded the Plaintiff’s mother and mother to pay money to the Plaintiff’s mother and mother, but was rejected, thereby posing a fire to the home.

In light of this point, if the plaintiff returns to Bangladesh, his own country, there is still a risk of threat to life or physical freedom from C party members.

Nevertheless, there is a need to do so.

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