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) Plaintiff’s entry into the Republic of Korea and application for refugee recognition - Nationality: Pakistan - Entry: January 22, 2018 (Status of Sojourn: G-1) - Application for refugee recognition: April 30, 2018;
B. Defendant’s decision to recognize refugee status as of May 8, 2018 (hereinafter “instant disposition”): Grounds for not falling under the well-founded fear that he/she would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 200Do1466, May 8, 201)
2. Whether the disposition is lawful;
A. The plaintiff's assertion is a Islamic Simsa, which is a Islamic Simology, and is threatened with human threat from it, such as being forced to open species from the Islamic Simsa Island. Therefore, the plaintiff's assertion is sufficiently likely to suffer persecution in the event that the plaintiff returns to Pakistan, and constitutes a underlying fear.
Therefore, the instant disposition is unlawful.
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, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or who, owing to such fear, are unable to return to the country of nationality, or who, owing to such fear, does not want to return to the country of nationality, which has resided in the Republic of Korea, or who does not want to return to the country of nationality, should be recognized as a refugee. The requirement for recognition of a refugee refers to an act causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body, or freedom, and a foreigner applying for recognition of a refugee shall prove that there is a well-founded fear of such persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).