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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 May 17, 201, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on May 17, 201, and applied for refugee recognition to the Defendant on December 29, 2015.
B. On February 24, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on April 5, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is likely to be abused from the party members of the ASEAN Party at the time of their return to Korea, because he/she had been working as a party member of the Korean National Institute of Bangladesh (BNP) at the time of his/her return to Korea.
For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.
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 being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, or who, owing to such fear, cannot return to the country of nationality or who had resided in the Republic of Korea before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and “persecution,” which is the requirement for recognition of a refugee, includes threats to life, body or freedom.