난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a Pakistan-based foreigner.
On October 17, 2013, the Plaintiff applied for refugee status to the Defendant.
On September 2, 2014, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.
(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence Nos. 1 to 5, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff was forced to kill the Plaintiff from the abduction of Syspath on or around November 201, 2010, and that the Plaintiff was forced to kill the Plaintiff from the abduction of Syspath on or around October 27, 2012, and to change the religion to the spathing of the spath. Thus, the instant disposition was unlawful.
B. The term “refugee” refers to 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 may be injured on the grounds of race, religion, nationality, status as a member 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 country in which he/she resided before entering the Republic of Korea.
(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution should be attested by a foreigner who files an application for recognition of refugee status.
(see, e.g., Supreme Court Decision 2013Du14269, Mar. 10, 2016). In a case where the Plaintiff returned to a country of nationality only with evidence Nos. 2 and 3 (including virtual numbers) alone, recognition is made that there is a well-founded fear of persecution for reasons of race, religion, nationality, status as a member of a specific social group or political opinion.