난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 6, 1997, the Plaintiff entered the Republic of Korea on December 6, 1997, and applied for refugee recognition to the Defendant on November 17, 2015.
B. On April 22, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on May 10, 2016, but was dismissed on December 22, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 6, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff is a member of the Korean Nationalism Party (hereinafter “BNP”) in Bangladesh, as the opposing party, and as such, the Plaintiff constitutes a refugee since he/she is subject to homicide by the Ampia (hereinafter “AL”) of the Ampia Federation of Bangladesh (hereinafter “AL”).
Nevertheless, 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 Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is the requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and thus, a foreigner applying for recognition of refugee has sufficient grounds.