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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. The Plaintiff, a national of the People’s Republic of Bangladesh, entered the Republic of Korea as an non-professional employment (E-9) on February 14, 2011, and applied for refugee status to the Defendant on November 30, 2015.
B. On December 31, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).
C. On February 11, 2016, the Plaintiff filed an objection with the Minister of Justice on February 11, 2016, but was rendered a final decision dismissing the Plaintiff’s application on May 31, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff’s assertion, in the country of nationality, joined the National Party of Bangladesh (BNP) (hereinafter “BNP”) as a youth organization on March 2, 2007, and was engaged in B before entering the Republic of Korea. On February 22, 2013, the Plaintiff was subject to assault from the AWagle (hereinafter “AL”) who was a female member during the period of his visit to the country of nationality, and was charged with false suspicion.
As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.
(b) The definitions of terms used in this Act shall be as follows:
1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear that he/she may be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or by such fear.