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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 8, 2011, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as an alien of Bangladesh nationality, and applied for refugee status to the Defendant on May 17, 2016.
B. On August 25, 2016, 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. The Plaintiff appealed and filed an objection with the Minister of Justice on September 26, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 4, Eul evidence Nos. 1 and 2, and the purport of whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's gist of the plaintiff's assertion is a member of the National Party of Bangladesh.
The father of the plaintiff was the same member, and died after being attacked by the government and the executive members of the Allied Federation.
Therefore, if the plaintiff returned to Bangladesh, it shall be deemed that there is a risk of persecution, and the disposition of this case which the plaintiff did not recognize as a refugee should be deemed 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 a 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, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea; and