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(영문) 서울행정법원 2016.10.28 2016구단21209
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 23, 2010 [Status of Sojourn: Non-professional employment (E-9)] April 9, 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 filing of an objection and decision of dismissal - Decision of dismissal: The fact that no dispute exists on May 31, 2016 [based on recognition], Gap’s entries in subparagraphs 1, 2, 1, 2, and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has joined the Bangladesh National Party of Bangladesh (BNP) and has been working as a member of the work, and there is a fear that there is sufficient grounds to recognize that the Plaintiff’s return to the Republic of Bangladesh may be detrimental to a particular social group’s member’s status or political opinion on February 2010 and May 201, and that the Plaintiff was prosecuted for false suspicion and was sentenced to nine years of imprisonment. As such, there is a well-founded fear that the Plaintiff may be detrimental to a particular social group’s member’s status or political opinion.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that the term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a 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. 2) In full view of the following circumstances revealed by the evidence as seen earlier, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no evidence to acknowledge this otherwise.

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