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 July 24, 2016, the Plaintiff, a foreigner of Pakistanan nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for refugee status to the Defendant on August 24, 2016.
B. On November 7, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” 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.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on December 13, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was actively supported by the B political party of Pakistan under the influence of his birth. On June 17, 2014, the Plaintiff participated in the anti-government demonstration held in the building C of Pakistan, which became the name of the D party, thereby threatening members of the D party to kill the Plaintiff if they support the B political party on or around July 2014, and assaulted the Plaintiff on or around December 2014.
The plaintiff went to the two parts of the U.S. Emirates, and at all times, the plaintiff was threatened by intimidation from the party members of the D party, which eventually led to the application for refugee status to Korea.
Therefore, the disposition of this case on a different premise is unlawful, even though the plaintiff was well-founded fear that he would be subject to persecution on the grounds of political opinion.
B. 1 The term “refugee” refers to a person who is unable to receive or is entitled to receive the protection of a 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 specific social group, or political opinion.