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 November 24, 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 December 14, 2016, with the short-term general (C-3) stay status.
B. On March 16, 2018, 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) 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 March 16, 2018, but the Minister of Justice dismissed the objection on May 27, 2019.
[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 threatened by the police of Pakistan and the support of the C political party as a sponsor of the party B, and for that reason, the plaintiff is likely to suffer persecution if he returns to Pakistan.
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. 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 of a member of a particular social group or political opinion, or a foreigner who has resided in the Republic of Korea due to such fear, cannot return to the country of his/her residence before entering the Republic of Korea.