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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 November 4, 2015, the Plaintiff, who was a nationality of Pakistan, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on December 3, 2015.
B. On April 21, 2016, the Defendant rendered a decision on the 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 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.
C. The Plaintiff filed an objection with the Minister of Justice on May 23, 2016, but the said objection was dismissed on the same ground as October 27, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a party member of Mutta Quami Move Management (hereinafter "M QM"), and is threatened by dispute with PP, the opposing party.
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. Determination 1) “Refugee” refers to any act causing serious infringement of or discrimination against essential human dignity, including threats to life, religion, nationality, status as a member of a particular social group, or political opinion, which is not or does not want to be protected by the country of nationality due to well-founded fear of being recognized as being harmful to the country of nationality (Article 2 subparag. 1. 2 of the Refugee Act). The term “persecution” refers to any 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, or who does not want to return to the country (Article 2 subparag. 1. 2 of the Refugee Act).