2. The costs of lawsuit shall be borne by the Plaintiff.

On August 29, 2019, the Defendant rendered the instant disposition on the ground that “the Plaintiff does not constitute a person to whom the Convention on the Status of Refugees and the Refugee Act apply.”

[Reasons for Recognition] Evidence No. 1, Evidence Nos. 1 to 4, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was to act as a member of the Party B belonging to the Party B from Pakistan, and to escape from Korea after being threatened with murder by the police.

Nevertheless, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful, so the disposition of this case must be revoked.

3. In full view of the relevant legal principles and Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall recognize a foreigner as a refugee under the Refugee Convention in case of such application with respect to a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of his country of nationality, or who, owing to such fear, cannot return to, or does not want to return to, a country of nationality that had resided in Korea before entering Korea.

“persecution” that is a requirement for recognition of refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for recognition of refugee status must prove that there is “a sufficient-founded fear of fear.”

(Supreme Court Decision 2012Du14378 Decided April 25, 2013). 4. Determination is whether the Plaintiff was threatened with murder by police while serving as a party member from Pakistan as a party member.