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 19, 2005, 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 November 17, 2015.
B. On March 2, 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 March 15, 2017, but was dismissed on July 18, 2017, and the Plaintiff received a notice of dismissal decision on August 1, 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 made by attending an assembly or demonstration as a party member of BNP (Bladeh NP) in Bangladesh, while participating in active activities, such as collecting party membership fees, and the plaintiff was in conflict with party members of AL (AWagle) as the other party, and was threatened to them.
Therefore, the defendant's disposition of this case, which was made on a different premise, is unlawful even though the plaintiff constitutes a refugee suffering from persecution on the ground of political opinion.
B. (1) Determination (1) Article 2 subparagraph 1 of the Refugee Act, and Article 2 subparagraph 1 of the Refugee Act mean a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality, or who, due to such fear, cannot return to or does not want to return to the country in which he had resided before entering the Republic of Korea.