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 June 28, 2010, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea as a non-professional employment status (E-9) status and stayed, and applied for refugee status to the Defendant on April 13, 2015.
B. On April 27, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 May 11, 2015, but was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on March 10, 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 the Plaintiff at GNP at Bangladesh, and was sent back to the Republic of Korea after being verbally threatened by the Defendant from the other party’s support party.
Since then, there is a risk of being arrested when the plaintiff filed a complaint against the plaintiff that the plaintiff left the office of the AL party and assaulted by the plaintiff.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
(b)(1) Determinations: Article 2 subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act provides that foreigners who are unable or do not want to be protected from the country of nationality due to well-founded fear to recognize that they may be persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, have resided before entering Korea.