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. (1) On June 19, 2013, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality, and applied for refugee status to the Defendant on June 22, 2016. As to this, on November 28, 2017, the Defendant rendered a disposition denying refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
B. The Plaintiff filed an objection against the instant disposition with the Minister of Justice on January 9, 2018, but the Minister of Justice dismissed the said objection on November 29, 2018.
[Ground for recognition] Unsatisfy
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff supported B party in Pakistan, was subject to intimidation and assault from the members of C party, and was also threatened with murder.
If the plaintiff returned to Pakistan, he/she applied for refugee recognition because he/she is likely to cause harm to his/her life and body from those belonging to the political party C. The disposition of this case which did not recognize the plaintiff as a refugee is unlawful.
B. 1) 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 particular social group or political opinion, or a stateless foreigner who, due to such fear, is unable to return to 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 this case, “persecution” which is a requirement for recognition of a refugee refers to serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.