난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. After the expiration of the period of sojourn ( July 18, 2007) on April 18, 2007, the Plaintiff entered the Republic of Bangladesh as a foreigner of the People’s Republic of Bangladesh (hereinafter referred to as “the People’s Republic of Bangladesh”), and filed an application for refugee status with the Defendant on April 26, 2016 after the expiration of the period of stay (B-1).
On May 31, 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 June 28, 2016, the Plaintiff filed an objection with the Minister of Justice on June 28, 2016, but was dismissed on the same ground on December 22, 2016.
On January 20, 2017, the Plaintiff received a notice of decision to dismiss an objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was the Plaintiff’s participation in the GNP of Bangladesh, and around 2005, the Plaintiff and B, a member of the Giurig (AL) of the Students Committee, were punished for assault, and continued to be threatened with murder, such as assault, intimidation, etc. from B. Around January 2016, the Plaintiff was accused of false suspicion of illegal possession.
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, a member of a particular social group or a political opinion is not entitled to protection of the country of nationality or does not want protection of the country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.