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. The Plaintiff entered the Republic of Korea on November 15, 2010, with the qualification of non-professional employment (E-9) as a foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on September 7, 2015.
B. On September 25, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from 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. As to this, the Plaintiff filed an objection with the Minister of Justice on October 29, 2015, but was dismissed on June 30, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On March 26, 2014, the Plaintiff’s assertion was threatened by the Plaintiff and his family members of the Plaintiff, who were staying in the Republic of Korea and returned to Bangladesh on April 17, 2014, with the intention of bringing money from the persons belonging to Islamic Dogra (hereinafter “AL”) on the grounds that the Plaintiff was a minority religion, and the Plaintiff was threatened with murder on the grounds that he refused it and reported to the police.
In the event that the Plaintiff returned to Bangladesh, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee is unlawful despite the possibility of being stuffed by the AL.
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 is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, should be recognized as a refugee.