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(영문) 서울행정법원 2017.11.30 2017구단32657
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 May 26, 2016, the Plaintiff filed an application for refugee status with the Defendant on August 22, 2016 while entering the Republic of Korea as a short-term visit (C-3) sojourn status on May 26, 2016.

B. On January 18, 2017, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized “ sufficiently based fears that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On February 17, 2017, the Plaintiff filed an objection with the Minister of Justice on February 17, 2017, but the decision was rendered to dismiss the Plaintiff’s application on July 18, 2017.

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

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was in his own country as a member of the nationalism party (BNP) in Bangladesh, around 2000, the Plaintiff joined and started political activities as a member of the political party. Around 2014, the Plaintiff was actively engaged in activities as a regional president. Around the same day, the Plaintiff, a female party member forced the Plaintiff to not engage in political activities, thereby finding a pharmacy operated by the Plaintiff, threatening, and threatening the Plaintiff to murder.

Therefore, if the plaintiff returned to Bangladesh, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though it is highly likely that the plaintiff would be stuffed by Aguri, for the reason that he is a BNP party member.

B. In full view of the following circumstances, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the above facts of recognition and the purport of the evidence Nos. 3 and 5 as well as the entire arguments, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

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