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. The Plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea on September 2, 2016 on a short-term visit (C-3).
B. On November 29, 2016, the Plaintiff applied for recognition of refugee status to the Defendant. However, on August 16, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on September 20, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that, around January 2016, the Plaintiff was married to a Simpha, and around January 2016, when the Plaintiff was going to go to a Simpha, the Plaintiff’s assertion threatened the Plaintiff that the illegal organization B will die if the individuals belonging to the illegal organization wished to the Plaintiff and did not return to a Simpha.
Since then, the plaintiff was threatened with 3-4 threats from him, and on August 10, 2018, the plaintiff was involved in kidnapping while being present at the SP and became an adviser.
In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances is unlawful.
B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.