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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 July 19, 2010, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on May 4, 2015.
B. On June 4, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion cannot be deemed as having “a well-founded fear that she would suffer from persecution” under 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. On June 16, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 4, 2015.
[Ground of recognition] Class A evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff’s assertion is likely to be arrested by the police in the event that the Plaintiff, who was working as a BNP youth member in the country of nationality, was assaulted from the Egyptian member who was a Egyptian member in the year 2012, but went back to Bangladesh as the perpetrator even though he was abused from the Egyptian member who was a Egyptian member.
As such, although the Plaintiff was at risk of persecution on the grounds of political view, the instant disposition taken on a different premise is unlawful.
(b) The definitions of terms used in this Act shall be as follows:
1. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected from such fear to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “or the country in which he/she resided”).