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(영문) 광주지방법원 2017.09.28 2017구단1202
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On June 13, 2011, the Plaintiff, a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”), who is a foreigner, entered the Republic of Korea of non-professional employment status and applied for refugee status to the Defendant on April 4, 2016, when the period of sojourn expires ( April 12, 2016).

B. On June 29, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is 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,” which is a requirement of refugee status.

C. On June 29, 2016, the Plaintiff filed an objection with the Minister of Justice on June 29, 2016, but was dismissed on June 8, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had an important role and activity with the Korean Youth Association (BNP) in the election on December 29, 2008. However, the disposition of this case that did not recognize it on a different premise is unlawful, since there is a sufficient concern that the plaintiff and other BNP party members of the plaintiff return to the meeting on April 15, 2009. On December 30, 2014.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking into account the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, the Plaintiff’s opinion on race, religion, nationality, membership of a particular social group or political opinion, even if all evidence and arguments submitted by the Plaintiff were considered.

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