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 December 5, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality as a short-term visit (C-3). On August 30, 2018, the Plaintiff applied for refugee status to the Defendant.
B. On September 20, 2018, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “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.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1, 3, and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In the Plaintiff’s assertion, from around December 2014, the owner of adjoining land, who sold the farmland owned by the Plaintiff from his own country to the intermittent value, and threatened the Plaintiff’s family member, attacked the Plaintiff and the South East East-win who worked on farmland on December 8, 2016, and assaulted the Plaintiff on July 12, 2017.
In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.
B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his/her own country, the relevant gambling was made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The Plaintiff’s ground for applying for refugee status is that “the owner of the adjoining land sells the land at a container and threatens the Plaintiff and his/her family.” This is merely a matter of need to be resolved through his/her own judicial system as a tort committed by a private person, not a specific reason for gambling as a requirement for refugee status, and otherwise, the Plaintiff’s ground for refugee status, namely, race, religion, nationality, and nationality.