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. The Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a special activity (E-7) on March 17, 2012, and applied for refugee status to the Defendant on June 2, 2015.
B. On January 29, 2016, 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 March 16, 2016, the Plaintiff filed an objection with the Minister of Justice on March 16, 2016, but rendered a final decision dismissing the Plaintiff’s application on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. On March 20, 2015, the Plaintiff asserted that he/she had been punished by the “B” and the “B” dispute, which is a species of the same hydroslive tree, during the period of visiting the country of nationality on March 20, 2015. The Plaintiff was assaulted by B, but the Plaintiff was sent to the police on the wind that B reported the Plaintiff to the police.
As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.
(b) The definitions of terms used in this Act shall be as follows:
1. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected from such fear to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “or the country in which he/she resided”).