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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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Bangladesh - Entry and refugee application: November 1, 2010 [Status of Sojourn: Non-professional employment (E-9)] August 27, 2015
B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: A sufficiently-founded fear of persecution cannot be recognized.
(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: The fact that no dispute exists on June 30, 2016 (based on recognition), Gap’s 1, 2, Eul’s 1, 2, 3, and 4, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is in a state where a warrant of arrest is issued after being indicted for false suspicion on or around June 12, 2010 when he/she worked as a member of the BNP Party in Bangladesh and was sentenced to ten years of imprisonment. Thus, there is a well-founded fear that the plaintiff's return to the Republic of Korea from Bangladesh may be detrimental to a certain social group's membership or political opinion.
B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by the evidence as seen earlier, the Plaintiff cannot be deemed to have “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and the Plaintiff’s application for recognition of refugee status is rejected unless there is any evidence to acknowledge this otherwise.