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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 October 7, 2009, the Plaintiff entered the Republic of Pakistan (E9-1) nationality, and applied for refugee status to the Defendant on October 21, 2015. However, on June 13, 2016, the Defendant rejected the instant disposition rejecting the Plaintiff’s refugee status on the ground that the Plaintiff cannot be deemed to have “a well-founded fear of 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 1, 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: (a) the Plaintiff refused the request for joining B in around 2008; (b) the Plaintiff was subject to assault and intimidation from B; and (c) in 2015, the Plaintiff applied for refugee recognition because he could not return to the Republic of Korea with Pakistan, such as murdering by gals, etc.; and (d) 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 serves as a requirement for recognition of a refugee refers to “an act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom,” and “a sufficient fear” subject to such persecution.