난민불인정처분취소
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 May 31, 2006, the Plaintiff entered the Republic of Korea with a visa of short-term comprehensive (C-3) (C-3) on May 31, 2006, as a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”), and applied for refugee status to the Defendant on January 14, 2016.
B. On February 4, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff filed an objection with the Minister of Justice on March 15, 2016, but the said objection was dismissed on December 15, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion from around 2001, in order to inform the risk of narcotics in the high village of Bangladesh, the Plaintiff formed an organization “B” to eradicate narcotics. As a result of the activities of the organization, drug traders, who were affected by narcotics transaction, assaulted members of the organization on April 2006, and threatened the Plaintiff with murder.
If the plaintiff returned to Bangladesh, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful, despite the possibility that the plaintiff might be stuffed by drug traders.
(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who, owing to a well-founded fear of being injured by reasons of race, religion, nationality, membership of a particular social group, or political comments, is unable to be protected by the country of nationality or does not want the protection of the country of nationality, must be recognized as a refugee;