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 July 10, 2016, the Plaintiff entered the Republic of Korea with the nationality of the Republic of Pakistan (Islaistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on July 15, 2016, with the short-term visit (C-3) sojourn status.
B. On October 27, 2017, the Defendant rendered a decision of non-recognition of refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as a requirement of refugee under 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”).
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on November 20, 2017, but the Minister of Justice dismissed the objection on February 14, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was threatened by the Plaintiff, as a member of the organization C (C; hereinafter “instant organization”) under B, by being subject to total attack and homicide from D party members.
If the Plaintiff returned to Pakistan, a situation in which the Plaintiff could be threatened with his/her life on the grounds of his/her status or political opinion, which is a member of a specific social group, and even though the Plaintiff cannot be protected or does not want to be protected from the country of nationality, the Defendant’s disposition that did not recognize the Plaintiff as a refugee should be revoked illegally.
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, and it is a well-founded fear to recognize that refugee status may be harmed by reasons of race, religion, nationality, status as a member of a specific social group or political opinion.