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(영문) 서울행정법원 2017.06.02 2017구단1004
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts: (a) the Plaintiff’s nationality address short-term visit (C-3) refugee status application (hereinafter “instant disposition”) on January 27, 2016, the date of entry into the People’s Republic of Korea on January 27, 2016; (b) the date of application for refugee status recognition (hereinafter “instant disposition”); (c) May 16, 2016; (c) there is no dispute over the grounds for recognition of refugee status non-recognition; (d) there is no ground for rejection of the decision of the Supreme Court of Korea on October 27, 2016 on the date of application for objection; (e) the facts that there is no ground for rejection of the decision of the Supreme Court of Korea on October 27, 2016 on the date of application for objection; and (e) the entries in subparagraphs 1, 2

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”).

On April 2012, the Plaintiff married with a female who was the spouse of a politician belonging to a female political party in Bangladesh.

Then, the politician threatened the plaintiff and the plaintiff's wife, and the plaintiff and the plaintiff's wife entered the Republic of Korea regardless of the time of damage writing.

As such, since the Plaintiff’s return to Bangladesh is likely to be detrimental to gambling, the Plaintiff ought to be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any foreigner who is unable to be protected 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 specific social group, or political opinion, or is a stateless foreigner who is unable to return to 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) When comprehensively considering the evidence and evidence set forth in subparagraph 3 as well as the following circumstances that can be known in addition to the purport of the pleading as a whole, the Plaintiff is subject to persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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