난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 19, 2011, the Plaintiff entered as a foreigner of the People’s Republic of Bangladesh (hereinafter referred to as “Seogle”)’s nationality and applied for refugee recognition to the Defendant on June 22, 2016, when the period of stay expires (E-9).
On July 18, 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”).
The Plaintiff received a notice of decision on non-recognition of refugee status on July 26, 2016 and filed an objection with the Minister of Justice on August 19, 2016, but was dismissed on the same ground as of April 21, 2017.
On May 26, 2017, the Plaintiff received a notice of decision to dismiss an objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff worked at the Korean Youth Association (BNP) in Bangladesh.
The plaintiff's punishment is the BNP politics, and the plaintiff supported the plaintiff's punishment and was threatened with murder from the plaintiff, the plaintiff, who was a party to the BNP politics.
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 well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality due to such fear, or who, owing to such fear, has resided in the country of nationality before entering the Republic of Korea.