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(영문) 서울행정법원 2015.06.12 2015구단2690
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 June 7, 2010, the Plaintiff first entered the Republic of Korea as a non-professional employment (E-9) foreigner of the People’s Republic of Bangladesh (hereinafter “People”), and changed the status of stay on April 13, 2012 (G-1) to the status of stay on April 13, 2012, and applied for refugee recognition (hereinafter “instant refugee application”) to the Defendant on September 27, 2013, which was after March 1, 2013, the expiration date of the period of stay.

B. On April 30, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 9, 2014, but the said objection was dismissed on December 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he joined a student organization of the Korean nationalism (hereinafter “BNP”) in Bangladesh in 2004, and served as a managing member.

During that process, the Plaintiff was threatened with the threat of murder in the event of continuous support for BNP from the party members of Aamagle (hereinafter referred to as the “AL”) who are the opposing party.

Therefore, in the event that the Plaintiff returned to Bangladesh, the instant disposition taken on a different premise is unlawful despite the risk of persecution from the AL party members.

나. 관계 법령 ▣ 구 난민법(2014. 3. 18. 법률 제12421호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee";

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