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 May 25, 2016, the Plaintiff entered the Republic of Korea on May 25, 2016 and applied for refugee recognition to the Defendant on May 27, 2016.
B. On August 24, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “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.
C. On September 22, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on April 21, 2017.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 6, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was a person who was engaged in a rhetorous activity as a member of MTPP (hereinafter “MTPP”), and that part of PTPP (Pakistan Tree-e-Saf; hereinafter “PTPP”), a person who was involved in the assembly of PTPP was the Plaintiff et al., and the Plaintiff et al. were collectively sought.
On August 2015, the Plaintiff’s club fee was arrested by the police without any justifiable reason, and thereafter, more than 150 people were arrested.
In the event that the plaintiff returns home, it is evident that the plaintiff will be injured by PTI and his police.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, must be recognized as a refugee, and is a requirement for recognition of refugee.