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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. The Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a general training (D-4) on January 16, 2013, and applied for refugee status to the Defendant on April 16, 2015.
B. On April 30, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).
C. On May 28, 2015, the Plaintiff filed an objection with the Minister of Justice on May 28, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 23, 2016.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff asserted that the Plaintiff had been engaged in violence on the ground of his/her son’s activities from 5-6 sons who visited the country of nationality when entering the Republic of Korea around early 2013 and then visited the country of nationality on March 2015, the Plaintiff was under threat that he/she will kill the Plaintiff and his/her son.
As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.
(b) The definitions of terms used in this Act shall be as follows:
1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her 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 particular social group, or political opinion, or a foreigner who does not wish to be protected, or by such fear, before entering Korea.