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. The Plaintiff entered the Republic of Korea on February 29, 2016 with the status of stay C-3 (short-term visit) sojourn on February 29, 2016, as a foreigner of the nationality of the Republic of Pakistan of the Republic of Pakistan (Islaistan, hereinafter “Skistan”).
B. On March 30, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on May 30, 2016, the Defendant rendered a disposition on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the 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 on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).
C. On July 8, 2016, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that he was a sponsor of the political party B and participated in the election campaign of pro-gu C, who was born to the candidate of the City Council member of the above political party, around 2015.
The plaintiff was engaged in hosting with party members B in the process of helping C to conduct the election campaign. At that time, D party members were found in the hosting place and were using violence.
If the plaintiff returns to Pakistan, its home country, it is still likely to be threatened with life or physical freedom from the members of the D political party.
Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.
B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a particular social group shall be a person of race, religion, nationality, and status of a refugee.