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(영문) 서울행정법원 2016.07.15 2016구단7371
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Bangladesh - Entry and refugee application: June 30, 2010 [Status of Sojourn: Non-professional employment (E-9)] April 29, 2015

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on December 14, 2015 / [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s statement Nos. 1, 2 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was active from around 2005 as BNP of the People's Party of Bangladesh (BNP). Since the plaintiff's anti-government demonstration was conducted in December 2008 and it is likely that the plaintiff's return to the Republic of Bangladesh would be at risk of being harmed by the plaintiff's return to the Republic of Bangladesh, there is a fear that there is sufficient grounds to recognize that a certain social group's member's status or political opinion may be harmed by reason of the specific social group's member status or political opinion.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “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 specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by adding the whole purport of the pleadings to the evidence as stated in subparagraph 2) and the evidence stated in subparagraph 4, the Plaintiff cannot be deemed to have “a well-founded fear on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no evidence to acknowledge otherwise.

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