난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 7, 2010, the Plaintiff entered the country of the People’s Republic of Bangladesh (hereinafter referred to as “Sagle”) as a foreigner with the nationality of the People’s Republic of Bangladesh (hereinafter referred to as “Sagle”) and extended the period of sojourn several times on July 7, 2010, and applied for refugee status to the Defendant on March 25, 2015.
On April 8, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).
The Plaintiff received a notice of decision on non-recognition of refugee status on April 21, 2016 and filed an objection with the Minister of Justice on May 11, 2015, but was dismissed on the same ground on February 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The summary of the Plaintiff’s assertion was assaulted against AL and Awam Awam Value, while making a demonstration with the support parties of the nationalism (BNP and Bangsdededededededeh) in the Nagoya Party. Rather, the Plaintiff was reported as a suspicion of assaulting him.
In the event that the plaintiff returns to Korea, it is likely to be arrested by the police.
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 are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or by such fear, before entering Korea.