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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Nationality: Bangladesh - Entry on June 20, 2012 (Status of Sojourn: E9) - Application for recognition of refugee status: Application on April 13, 2017
B. Defendant’s decision on the recognition of refugee status as of November 21, 2017 (hereinafter “instant disposition”): The ground does not constitute “a well-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 200Da1548, Nov. 21, 201); the purport of the entire pleadings and arguments.
2. Whether the disposition is lawful;
A. The plaintiff's assertion is a party member of the party B in Bangladesh, which is a nationality country, and was threatened several times by C party members.
In the event that the plaintiff returned to a country of nationality, there is sufficient possibility that the plaintiff will be stuffed again, and this constitutes a reasonable fear.
Therefore, the instant disposition is unlawful.
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, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to the country in which they were living in the Republic of Korea before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country in which they were living in the Republic of Korea, shall be recognized as a refugee, and gambling satisfying the requirements for recognition of a refugee refers to any act causing serious infringement of, or discrimination against, fundamental human dignity, including threats to life, body, or freedom. A foreigner applying for recognition of a refugee shall prove that there is a well-founded fear
(see Supreme Court Decision 2012Du14378, Apr. 25, 2013). The purport of the entire pleadings is as follows.