(영문) 서울행정법원 2017.09.27 2017구단19272

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울행정법원 2017.09.27 2017구단19272

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, who was a national of Bangladesh, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on June 7, 2010, and applied for refugee status to the Defendant on March 26, 2015.

B. On April 13, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” 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.

C. On April 29, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on February 24, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he actively joined the Korean National Council (BNP) in Bangladesh in the country of nationality, and thereby he received a warning to suspend political activities from a member of the National Assembly of the Aglag (Ampia value, AL) and was subject to an attack from a member of the National Assembly of the Republic of Korea, and was prosecuted.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the plaintiff's return to the country of nationality could be arrested by the police, and there is a high possibility of homicide, such as kidnapping and murder by the above member of the National Assembly.

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 who does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear.

유사 판례

-서울행정법원 2017.11.24 2017구단30330

-서울행정법원 2017.07.21 2017구단13724

-서울행정법원 2018.09.28 2018구단14779

-서울행정법원 2017.07.07 2017구단7521

-서울행정법원 2017.04.07 2017구단51924