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(영문) 서울행정법원 2018.10.24 2018구단66602
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 November 1, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on November 1, 2010, and applied for refugee status recognition to the Defendant on September 11, 2017 (hereinafter “instant application”).

B. On November 15, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On December 11, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff was a member of the Party B at Bangladesh, but the other party C was a multi-party member in 2008, and the Plaintiff was directly abused from the party members of the Party C on September 19, 2010. On February 26, 2017, the Plaintiff was subject to the Plaintiff’s collection of money and valuables at the Plaintiff’s home and the Plaintiff’s family was subject to assault.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling from the party members of the Party C in case of returning to the Republic of Bangladesh.

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 country in which he/she resided before entering the Republic of Korea due to such fear, or a country in which he/she has resided.

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