난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 16, 2017, the Plaintiff entered the Republic of Pakistan (C3-4) nationality and applied for refugee status on September 4, 2017. However, on September 19, 2017, the Defendant rejected the Plaintiff’s application for refugee status on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was that the Plaintiff worked as a party executive officer B, and the Plaintiff applied for refugee status as it was impossible to return to the Republic of Korea due to the lack of circumstances to seek assistance from the police despite having been assaulted by the party members C. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act. In such cases, “persecution” which serves as a requirement for recognition of refugee status may be deemed as “act causing serious infringement or discrimination on the essential human dignity, including threats to life, body or freedom,” and the foreigner applying for recognition of refugee status shall prove that there is “a sufficient fear” subject to such persecution, but shall be consistent and persuasive in consideration of the special circumstances of the refugee.