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 May 20, 2016, the Plaintiff, who is a national of the Islamic Republic of Pakistan, entered the Republic of Korea as a short-term stay status (C-3) on a short-term basis (C-3), and applied for refugee status to the Defendant on May 31, 2016.
B. On September 6, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff filed an objection with the Minister of Justice on September 29, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.
[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 plaintiff's assertion was entered into an election campaign while supporting B's political party in his own country, but he was subject to violence and intimidation by supporting his own political party from the head of the village of C political party. For this reason, if the plaintiff returned to Pakistan, it is likely to be threatened continuously.
Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.
B. Determination 1 of the Refugee Act provides for matters concerning the status and treatment of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear to recognize that he/she may be injured by reasons of race, religion, nationality, status as a member of a particular social group or political opinion, or a foreigner who resides in the Republic of Korea prior to his/her entry into the Republic of Korea due to such fear.