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 February 23, 2015, the Plaintiff entered the Republic of Pakistan as a national of Pakistan, and applied for refugee status on March 23, 2015. However, on June 20, 2016, 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 would be subject to 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 July 5, 2016, but 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 Sin Hask-shot, and the Plaintiff applied for refugee status as it was impossible to return to the Republic of Korea due to a potential concealment from the Sink-shot. 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 does not have to return to the country of his/her own residence before entering the Republic of Korea due to such fear or who does not want to return to the country of his/her own residence (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which serves as a requirement for recognition of a refugee may be deemed as “an act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and that there is a “comfortable fear” subject to such persecution.