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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 September 15, 2003, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) on September 15, 2003, and applied for refugee recognition to the Defendant on October 11, 2016.
B. On October 31, 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”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff, along with the husband of the Plaintiff, was threatened with a demand for monetary payment from his sexual assault in Bangladesh, from his husband.
Therefore, if the plaintiff returns to Bangladesh, it shall be deemed that there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff 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 to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality, and “persecution” which is the requirement for recognition of refugee should be recognized as a refugee.