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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On February 25, 2009, the Plaintiff entered the Republic of Pakistan (E9-4), and applied for refugee status to the Defendant on May 29, 2015. However, on June 17, 2016, the Defendant rejected the Plaintiff’s refugee status on the ground that the Plaintiff cannot be deemed to have “a sufficiently-founded fear of persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
B. Accordingly, the Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 12, 2017, but the objection was dismissed on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is the Simpath, and the Plaintiff applied for refugee status because he could not return to the Republic of Korea with threats from the members of the Simpath. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due 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 (Article 2 subparag. 1 of the Refugee Act. In such cases, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom,” and an application for recognition of refugee status shall be proved by a foreigner who applies for recognition of refugee status.