난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On August 17, 2015, the Plaintiff applied for refugee status on September 23, 2015 while a foreigner, who is a national of the Islamic Republic of Pakistan (hereinafter referred to as "the Islamic Republic of Pakistan"), entered the Republic of Korea as "short-term visit (C-3)" on August 17, 2015, and continued to stay even after the said status of stay expired.
On October 13, 2015, the Defendant rendered a decision on refugee non-recognition (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a sufficiently-founded fear that the Plaintiff would be subject to persecution as prescribed in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
The Plaintiff filed an objection with the Minister of Justice on October 19, 2015, but the said objection was dismissed on May 31, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and 1 and 2, the purport of the entire argument as to the legitimacy of the disposition of this case as to whether the plaintiff's private village of this case was legitimate, threatened the plaintiff to bring about the plaintiff's land owned by the plaintiff, and caused the plaintiff's total loss on the bridge. Thus, since the situation where the plaintiff's body is threatened is threatened, the plaintiff constitutes a refugee who
It is as stated in the relevant statutes.
Judgment
“Refugee” means a foreigner who is unable or does not want to be protected by a State of his/her nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the State in which he/she resided in the Republic of Korea before entering the Republic of Korea.
(Article 2 Subparag. 1 of the Refugee Act). In this context, the term "persecution", which is a requirement for recognition of refugee status, is a threat to life, body or freedom.