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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 December 9, 2014, the Plaintiff entered the Republic of Korea as a foreigner of Pakistanan nationality, and applied for refugee recognition on December 9, 2016 of the same year by entering the Republic of Korea for a short-term visit of enterprises with preferential treatment (C-3) sojourn status. However, on September 21, 2016, the Defendant rejected the instant disposition rejecting the Plaintiff’s refugee recognition on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that he 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 November 11, 2016, but the objection was dismissed on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was that the Plaintiff worked at the student organization of Section B at the time of the student, and the party members B who retired from the said organization applied for refugee status by threatening the Plaintiff. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” refers to 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 foreigner who is not able to return to, or does not want to return to, the country in which he/she had resided before entering the Republic of Korea due to such fear (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 “a sufficient fear that is subject to such persecution.”