난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 13, 2012, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as a foreigner with the nationality of Pakistan, and applied for refugee recognition to the Defendant on March 8, 2016.
B. On March 18, 2016, 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. The Plaintiff raised an objection to the Minister of Justice on April 1, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff was threatened with the threat of demanding the opening of the species from the hydropha in 2005, and (b) visited the Pakistan around 2012, there was an attack from the hydropha.
Therefore, the instant disposition, which did not recognize the Plaintiff as a refugee, should be deemed unlawful, even if the Plaintiff could be detrimental to gambling in the event that the Plaintiff returned to Pakistan.
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, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, should be recognized as a refugee, and recognition of a refugee.