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 16, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on December 16, 2015, and applied for refugee recognition to the Defendant on March 7, 2016.
B. On September 19, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on October 27, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is Suwon Slovas Forest, and the Plaintiff’s relative from Pakistan to the Plaintiff’s relative, a Simk Slovas Forest, deducted the Plaintiff’s father’s land on or around 2012, and the Plaintiff reported to the police and received the returned land again on or around August 2015.
During that process, the Plaintiff's relatives threatened the Plaintiff and the Plaintiff's family members, and the Plaintiff's father and the South-North dong were assaulted.
If the plaintiff returned to Pakistan, he/she is threatened by his/her relative, so the plaintiff should be recognized as a refugee.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, “refugee” is 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 detrimental to his/her status on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a country in which he/she resided before entering Korea due to such fear