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(영문) 서울행정법원 2017.12.20 2017구단34042
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 7, 2011, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on March 7, 201, and applied for refugee status to the Defendant on December 14, 2015.

B. On February 17, 2016, 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. The Plaintiff appealed and filed an objection with the Minister of Justice on February 19, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s gist of the Plaintiff’s assertion was the Plaintiff’s punishment and the Plaintiff’s act as a party member of the BNP party.

However, a member of the Egysian franchise, who is a member of the Egysian political party, was prosecuted by the plaintiff's punishment with a false cover of the plaintiff's punishment, and the same threat is also posed to the plaintiff.

Therefore, if the plaintiff returned to Bangladesh, it shall be deemed that there is a risk of persecution, and the disposition of this case which the plaintiff did not recognize as a refugee should be deemed 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, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, are unable to return to or want to return to the country of nationality that had resided before entering the Republic of Korea.

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