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 June 23, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on June 23, 2017, and applied for refugee recognition to the Defendant on July 12, 2017.
B. On July 28, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On September 8, 2017, the Plaintiff filed an objection with the Minister of Justice on September 8, 2017, but the objection was dismissed on September 14, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was known of the Islamic member B (hereinafter “B”) from the Islamic member of the Islamic village in Pakistan, and around January 2017, B threatened the Plaintiff to murder if the Plaintiff did not subscribe to a terrorist group called “C” (hereinafter “instant group”).
Then, at night around April 23, 2017, four males found the Plaintiff's high-speed house and did not hear the Plaintiff's name and the Plaintiff's statement, and there was a big number of days later.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling for the said reason when he returns to the Republic of Pakistan.
B. 1 The term “refugee” is either 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 such fear.