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 April 10, 2012, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea as a non-professional employment (E-9) sojourn status and stayed, and applied for refugee status to the Defendant on February 1, 2017.
B. On March 8, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 5, 2017, but the objection was dismissed on October 11, 2017, and the Plaintiff received a notice of dismissal decision on November 14, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was rejected by the plaintiff's demand from the party members at the AL Ama (Ama-e-Isla) party while working as the party member at the GI (Jama) in Bangladesh, and was subject to violence and intimidation.
Therefore, the defendant's disposition of this case, which was made on different premise, constitutes a refugee suffering from persecution on the ground of religion or political opinion, is unlawful.
B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.
At this time, the foreigner is entitled to receive.