logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.09.05 2019구단9545
난민불인정처분취소
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 entered the Republic of Korea as a non-professional employment (E-9) foreigner registered in Bangladesh, and applied for refugee status to the Defendant on November 21, 2017.

B. On March 25, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, Eul’s evidence Nos. 1, 2, and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion entered into the B Party (B Party; hereinafter “B Party”) in 2004 and took part in the activities of the B Party (hereinafter “B Party”) and participated in the demonstration against the Government and the Party. At the time of the demonstration on December 29, 2008, the Plaintiff was indicted on the death of the B Party and the C Party (hereinafter “C Party”) due to the collision between the B Party and the Party (hereinafter “C Party”).

In addition, the plaintiff's family members in Bangladesh are threatened by Cpolitical parties, and the plaintiff's dynamics who worked under B political parties are arrested in the police.

If the plaintiff returned to Bangladesh, the plaintiff is threatened by the government of Bangladesh or the Cpolitical parties, so the plaintiff should be recognized as a refugee.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country 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 a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

arrow