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(영문) 서울행정법원 2020.12.09 2020구단16969
난민불인정결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On October 4, 2017, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of Bangladesh, with the status of stay for a short-term visit (C-3) on a short-term basis.

B. On December 21, 2017, the Plaintiff filed an application for refugee status recognition with the Defendant (hereinafter “instant application”). However, on July 17, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees, on the ground that it does not constitute “a fear” (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 19, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on August 20, 2020.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he acted as a general secretary of the party B, and that on September 2017, the Plaintiff was assaulted on the ground that he had been engaged in B party support activities from village C’s sponsor.

In the event that the Plaintiff returns to the Republic of Bangladesh, it is feared that the Plaintiff would be subject to re-persecution from C, and the instant disposition that did not recognize the Plaintiff as a refugee, notwithstanding the above circumstances, should be revoked as it is unlawful.

B. 1) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed 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 resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act; on the other hand, “persecution” which serves as a requirement for recognition of refugee status is life.

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