난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 9, 2016, when the period of sojourn expires (E-9 June 7, 2016), the Plaintiff entered the country of nationality of the People’s Republic of Bangladesh (hereinafter referred to as “Seogle”) as a foreigner of non-professional employment (E-9) and applied for refugee status to the Defendant on June 9, 2016.
On August 25, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
On September 12, 2016, the Plaintiff filed an objection with the Minister of Justice on September 12, 2016, but was dismissed on June 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, Gap evidence Nos. 4-1 and 4-2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was that the Plaintiff joined the student organizations of the Korean National Institute (BNP, Bangladesdeh) in Bangladesh, and was threatened by the AL and AwamIsma (AL). The Plaintiff was accused of the complaint.
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country in which he/she had resided before entering the Republic of Korea.