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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 December 6, 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 October 1, 2015.
B. On October 15, 2015, the Defendant issued a disposition of non-recognition of 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. As to this, the Plaintiff filed an objection with the Minister of Justice on November 30, 2015, but was dismissed on March 23, 2016.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On April 2005, the Plaintiff asserted that he joined the Korean National Assembly (BNP) and worked as a member of the party. On December 20, 2009, the Plaintiff forced the members of the Awam Lega (hereinafter “AL”) to withdraw from BNP and join AL by visiting the Plaintiff’s house and assaulting the Plaintiff.
In the event that the Plaintiff returned to his home country, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee despite the risk of persecution on the grounds of political opinion as above is unlawful.
B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, 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, must be recognized as a refugee, and the foreigner shall be recognized as a refugee.