난민불인정결정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On January 25, 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 April 26, 2017, the Plaintiff applied for refugee status to the Defendant. However, on June 11, 2018, 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.
C. The Plaintiff filed an objection with the Minister of Justice on June 18, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was threatened by the members of the D Party’s association, which was a student organization of the B Party, by participating in a meeting or assembly at C, which was a student organization of the D Party.
On December 18, 2016, the students of the D Party were strawing in the Plaintiff’s house.
In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.
B. 1) The term “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 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, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Refugee Act, “persecution” which is the requirement for recognition of refugee status is a threat to life, body, or freedom.