난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 23, 2011, the Plaintiff entered the country of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”) as a foreigner with the nationality of the People’s Republic of Bangladesh, and applied for refugee recognition to the Defendant on March 16, 2016, when the period of stay expires (E-9 March 22, 2016).
On April 5, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).
The Plaintiff received a notice of decision on non-recognition of refugee status on April 25, 2016 and raised an objection to the Minister of Justice on May 23, 2016, but was dismissed on the same ground as of December 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff was active in GNP in Bangladesh, the Korean nationalism (BNP), and that the bus was destroyed while participating in the demonstration on or around 2007, and that the AL was accused of the Plaintiff in a false manner.
In addition, the assault case occurred due to competition in government entrusted projects in around 2010, and the Amirigs filed a false accusation against the plaintiff again.
The plaintiff may be arrested by the police.
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, the State of nationality is unable to be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or want to protect the country of nationality.