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 January 29, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on January 29, 2015 and stayed, and applied for refugee recognition to the Defendant on February 13, 2015.
B. On March 30, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was doing business in the Kamera area of Pakistan, and around January 2014, the Plaintiff was subject to intimidation from those belonging to B, and was forced to force 350,000 lusium. Since then, the Plaintiff’s assertion made continuous intimidation and threats to murder, such as kidnapping the Plaintiff’s children and demanding 2 million lusium.
Therefore, the Plaintiff constitutes a refugee, and the instant disposition taken on a different premise is unlawful.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. “Lambling”, which is a requirement for recognition of refugee status 1, is a serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.