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 April 15, 2016, the Plaintiff entered the Republic of Pakistan for a short-term general (C3-1) stay status, and applied for refugee status to the Defendant on February 14, 2017. However, on February 14, 2017, the Defendant rejected the instant disposition rejecting refugee status against the Plaintiff on the ground that the Plaintiff cannot be deemed to have “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
B. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 23, 2017, but the objection was dismissed on October 11, 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 gist of the Plaintiff’s assertion is Simpatha, and the Plaintiff applied for refugee status as it was impossible to return to the Republic of Pakistan by being threatened with the concealment of trees from the Emspatha, the opposite wave. 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 that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who does not have to return to the country of his/her own residence before entering the Republic of Korea due to such fear or who does not want to return to the country of his/her own residence (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and a request for recognition of refugee status shall be made.