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 December 31, 2016, the Plaintiff entered the Republic of Pakistan for a general tourism (C39) status, and applied for refugee status to the Defendant on January 26, 2017. However, on February 6, 2017, the Defendant rendered the instant disposition rejecting the Plaintiff’s refugee status on the ground that the Plaintiff cannot be deemed to have “a sufficiently-founded fear of persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
B. Accordingly, the Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 20, 2017, but was dismissed on December 7, 2017.
[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 gist of the Plaintiff’s assertion is that the Plaintiff is a party supporter B, and the application for recognition of refugee status was made because the Plaintiff could not return to the Republic of Pakistan by threatening from the party supporter C. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act. In such cases, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom,” and a foreigner who applies for recognition of refugee status shall bear the burden of proving that there is “comfortablely-founded fear.”