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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. The Plaintiff, a foreigner with the nationality of Pakistan, applied for refugee status to the Defendant on April 6, 2015, when he/she entered the Republic of Korea on November 22, 2005, when he/she had been in the status of stay for training employment (E8) or manufacturing industry (E9-1).
B. On June 4, 2015, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be detrimental to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 3, 2015, but rendered a final decision to dismiss the Plaintiff’s application on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that, around 2004, the number of people, who participated in the dunes presumed to be the opposite to the Skistan in the Pkistan, was the Plaintiff’s total shooting on the vehicle, and around 2010, the number of people who participated in the dunes was the Plaintiff’s house.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.
(Article 2 subparagraph 1 of the Refugee Act). Each evidence and pleading mentioned above shall be made.