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. On March 19, 2012, the Plaintiff, who was a national of Bangladesh, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on March 19, 2012, and applied for refugee status to the Defendant on August 23, 2017.
B. On October 26, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on November 8, 2017, but the said objection was dismissed on the same ground as on June 12, 2018.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he joined the Bangladesh Party B in his country of nationality and caused conflicts with the C Party Chairman and the C Party Chairman, which is a female party, and when the Plaintiff visited the Republic of Korea around March 2016, the house was destroyed upon the attack of C Party people.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1) The term “refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is a stateless foreigner who, due to such fear, could not return to or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1). 2 of the Refugee Act) and who is a requirement for the recognition of refugee status, includes threats to life, body or freedom.