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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 February 21, 2011, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea as a non-professional employment status (E-9) and stayed, and applied for refugee status to the Defendant on December 16, 2015.
B. On January 6, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 12, 2016, but was dismissed on July 18, 2017, and the Plaintiff received a notice of dismissal decision on September 14, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was made in Bangladesh by joining a student organization at JMAT-e-Islam (JMAT) and was prosecuted for a false complaint by the plaintiff. The plaintiff's assertion was a situation where the plaintiff was prosecuted for a threat to the applicant for the counter party.
In the event that the plaintiff returns to his/her country, there is a risk of murder.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
B. (1) Determination (1) Article 2 subparagraph 1 of the Refugee Act, and Article 2 subparagraph 1 of the Refugee Act mean a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality, or who, due to such fear, cannot return to or does not want to return to the country in which he had resided before entering the Republic of Korea.