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 March 30, 2016, the Plaintiff entered the Republic of Korea with the nationality of the Islamic Republic of Pakistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on June 8, 2016, with the short-term visit (C-3) sojourn status on March 30, 2016.
B. On June 2, 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 July 10, 2017, but the Minister of Justice dismissed the objection on September 14, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2-1, 2-1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father’s assertion has prepared an article against the sloping as a reporter. Since the Plaintiff’s father and the Plaintiff and his family are threatened with murder from the sloping because the vehicle on board with the Plaintiff’s father receive the total shot, etc., the Plaintiff’s life is in danger.
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, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. Such fear is attributable to a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that the status, treatment, etc. of refugees may be harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion.