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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 7, 201, the Plaintiff entered the Republic of Korea with a visa on a short-term visit (C-3) on May 7, 2011 as a foreigner of the nationality of Bangladesh, and applied for refugee status to the Defendant on November 12, 2015.
B. On December 4, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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 February 22, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on June 30, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 to 3, and 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father’s assertion was threatened by the reason that he was the supporter of the Korean Anti-nationalism (BNP) in his home country, which is the Buddhist person and the camping party (hereinafter “BNP”). On April 2, 2004, the Plaintiff’s father was killed from the Awami Ampia (hereinafter “AL”) supporter, and was threatened by the Plaintiff on the ground that he reported the murder to the police.
In the event that the Plaintiff returns to his own country is likely to be persecution for reasons of religion and political opinion, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
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, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.