난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 29, 2016, the Plaintiff entered the Republic of Bangladesh as a foreigner of the People’s Republic of Bangladesh (hereinafter referred to as “L-2”), and applied for refugee status to the Defendant on September 28, 2016.
On November 17, 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”).
On November 22, 2016, the Plaintiff received a notice of decision on refugee status refusal.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 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 all his family members support the Korean nationalism (BNP) in Bangladesh, and the Plaintiff was in charge of the student representative positions under Section BNP of the university.
On August 15, 2013, while having a meeting of the BNP, one student representative belonging to the Ethiopig (AL) who is a female party was killed and seven persons including the plaintiff were involved in the action.
In the event that the plaintiff returns to his own country, it is likely to threaten the plaintiff's representative.
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, 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 who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.