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. The Plaintiff entered the Republic of Korea as a foreigner of the Republic of Bangladesh’s People’s Republic (People’s Republic)’s Republic of People’s Republic (hereinafter “People”)’s Republic of Bangladesh”), with the status of stay on November 14, 2012 E-9 (Non-professional Employment).
B. On November 12, 2015, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on August 9, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff appealed to the instant disposition on September 7, 2017, and filed an objection with the Minister of Justice. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the Minister of Justice on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings
2. The assertion and judgment
A. On January 2012, the Plaintiff asserted that he/she joined a B-political party (B-political party; hereinafter “B”) youth organization, and subsequently participated in the demonstration, conference, etc. while working as a general manager.
Upon completion of an election campaign on January 26, 2012, the Plaintiff was assaulted by four members of the C Party (C Political Party, hereinafter referred to as “C”) who were in the house, and was threatened by the threat that the Plaintiff would no longer engage in an election campaign promoting B.
If the plaintiff will return to Bangladesh, its home country, there is still a risk of threat to life or physical freedom from members of the C.
Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.