beta
Text
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 May 30, 2016, the Plaintiff entered the Republic of Pakistan for a short-term general (C3-1) sojourn status, and applied for refugee status to the Defendant on November 16, 2016. However, on April 3, 2017, the Defendant rejected the instant disposition rejecting refugee status against the Plaintiff on the ground that it cannot be deemed that the Plaintiff had a well-founded fear that it would suffer from 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 28, 2017, but the objection was dismissed on October 11, 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 Simpatha, and the Plaintiff applied for refugee status as it is impossible to return to the Republic of Korea due to intimidation 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 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, cannot return to 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 serves as 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 a foreigner who applies for recognition of refugee status shall prove that there is “a sufficient fear” subject to such persecution.