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. On January 15, 2016, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”) as a foreigner of the nationality, and applied for refugee status to the Defendant on February 12, 2016, after entering the Republic of Pakistan as a short-term visit (C-3) sojourn status.
B. On June 17, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
C. The Plaintiff appealed and filed an objection with the Minister of Justice on July 26, 2016, but was dismissed on the same ground as of December 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The summary of the Plaintiff’s assertion is the hydroskist forest of Pakistan, and the Plaintiff’s family members received intimidation from the Pakistan huskistan husista, and he was influoring the Plaintiff’s house.
As the plaintiff and his family are threatened with such threat, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might be killed if he returns to his own country.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality due to such fear, or who, owing to such fear, has resided in the country of nationality before entering the Republic of Korea.