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 August 27, 2012, the Plaintiff entered the Republic of Pakistan as a foreigner of his/her nationality, and applied for refugee status to the Defendant on August 12, 2015. However, on June 28, 2016, the Defendant rejected the instant disposition rejecting the Plaintiff’s refugee status on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that he/she would suffer persecution” 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 11, 2016, 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 purport of the Plaintiff’s assertion was that the Plaintiff’s father reported to the police in line with the total amount of money received from the Neman and received money from the Neman, but the police did not take any particular measure and applied for refugee status by entering the Republic of Korea. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to 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 foreigner who is not a national who, due to such fear, cannot return to or does not want to return to the country in which he/she had 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 “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and there is a sufficient ground for such persecution.