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. On February 28, 2012, the Plaintiff entered the Republic of Korea as a non-professional (E-9) foreigner with the nationality of Pakistan, and applied for refugee status to the Defendant on December 15, 2016.
B. On June 9, 2017, 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 well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff filed an objection with the Minister of Justice on June 9, 2017, but the said objection was dismissed on June 12, 2018.
[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. The Plaintiff’s family members supported B, and around August 201, the Plaintiff’s punishment was kidnapped to C supporters, and around October 201, the Plaintiff and the siblings were assaulted with C supporters.
In the event that the Plaintiff returned to his home country, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee despite the risk of persecution on the grounds of political opinion as above 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, 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 the requirement for recognition of refugee status, includes threats to life, body or freedom, and also serious infringement or discrimination against essential human dignity.