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 April 17, 2013, the Plaintiff, who is a national of the Islamic Republic of Pakistan, entered the Republic of Korea with his status of non-professional employment (E-9) and applied for refugee status to the Defendant on February 5, 2018.
B. On March 16, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as prescribed by 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”).
C. The Plaintiff filed an objection with the Minister of Justice on April 11, 2018, but the Minister of Justice dismissed the objection on December 23, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion supported B's political party in his own country, and C party members supported their own political party, and made violence and intimidation. For this reason, if the plaintiff returned to Pakistan, it is likely to be threatened continuously.
Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.
B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. However, a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be harmed by reasons of race, religion, nationality, status as a member of a particular social group or political opinion, or a foreigner who has resided in the Republic of Korea prior to his/her entry into the Republic of Korea due to such fear, or who does not want to return to the country of nationality.