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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Pakistan - Entry and refugee application: Entry on September 22, 2013 [Status of Sojourn: Short-term visit (C-3)] on May 28, 2014
B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: A sufficiently-founded fear of persecution cannot be recognized.
(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on March 23, 2016 [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s each entry, 1, 2, and 3, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made by QM’s organization to threaten monetary payments, etc. while operating a restaurant in the Pakistan around March 2013, and thus constitutes a refugee.
B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the evidence as seen earlier, when comprehensively considering the following circumstances, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this otherwise, the disposition of this case, which rejected the Plaintiff’s application for recognition of refugee status, is legitimate.
① In order to be recognized as a refugee, the applicant for refugee status shall be recognized as having a well-founded fear of persecution in his/her country, and such persecution.