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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 16, 2017, the Plaintiff entered the Republic of Pakistan (C3-4) nationality, and applied for refugee status to the Defendant on September 5, 2017. However, on September 22, 2017, the Defendant rejected the instant disposition rejecting refugee status against the Plaintiff on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that he would suffer from 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.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 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 Simpatha, and the Plaintiff filed an application for refugee status because he/she could not return to the Republic of Korea due to violence, because he/she was requested to open species from Simpatha. 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 by the country of nationality due to well-founded fear to recognize that he/she may be injured 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, cannot return to or does not want to return to the country in which he/she had 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 on the 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, but in consideration of the special circumstances of the refugee status, the foreigner’s consistency and persuasive, and the course of entry;