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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 January 30, 2017, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status on January 30, 2017 and stayed, and applied for refugee status to the Defendant on February 20, 2017.
B. On June 21, 2018, the Defendant rendered a decision of rejection of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees. The Plaintiff received a notification of rejection decision on July 5, 2018.
[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff had been threatened with murdered by police officers B, an armed force group, while engaging in spawal activities in Pakistan.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the ground of religion.
B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.
At this time, the term “persecution” to be received by the foreigner refers to “any act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.”
On the other hand, there is a good-founded fear of gambling.