Litigation costs shall be borne by the plaintiff.

A. The Plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea on December 8, 2019 as a non-professional employment (E-9) status.

B. On December 31, 2019, the Plaintiff filed an application with the Defendant for recognition of refugee status (hereinafter “instant application”), and the Defendant rendered a decision on the non-recognition of refugee status (hereinafter “instant disposition”), on the ground that the Plaintiff’s assertion on June 30, 2020 does not constitute “a fear with sufficient grounds for persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion threatened the Plaintiff with his/her own country of entry into the Republic of Korea on June 16, 2015, while entering the Republic of Korea. On October 2, 2019, the Plaintiff demanded a partner to distribute the income to him/her on his/her own country, and thus, did not have any money to settle the income even if he/she demanded the partner to distribute the income.

In such a situation, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the plaintiff could be threatened with murder from the business in Korea if he/she returns to his/her home country.

B. The relevant legal doctrine’s “dist” is likely to be persecutioned on the ground of race, religion, nationality, status as a member of a specific social group or political opinion.

A foreigner who is not entitled to, or does not want to, the protection of a State of nationality due to well-founded fear of being determined by the person concerned, or a person without nationality who, by such fear, could not return to, or does not want to return to, the State in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Civil Act). Here, “persecution” which is the requirement for recognition of refugee status is a threat to life, body, or freedom.