난민불인정처분취소
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 entered the Republic of Korea on September 7, 2017 as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on May 8, 2018.
B. On June 20, 2018, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In the Plaintiff’s assertion in his home country, “B” sought land from the Plaintiff’s father, but the Plaintiff’s father did not sell land. However, the Plaintiff’s father assaulted his father and murdered his third village, and threatened the Plaintiff for the same reason.
If the plaintiff returned to Pakistan, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of persecution for the above reasons.
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 in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”