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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 26, 2017, the Plaintiff entered the Republic of Pakistan for a general tourism (C3-9) status, and applied for refugee status to the Defendant on February 28, 2017. However, on March 15, 2017, the Defendant rejected the Plaintiff’s refugee status on the ground that it cannot be deemed that the Plaintiff had a sufficiently-founded fear that it would suffer from 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 April 25, 2017, but the objection was dismissed on October 11, 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 was that the applicant was a party supporter, and applied for refugee status because he could not return to the Republic of Korea due to intimidation on the ground that he/she tried to report the assault to the police after he/she was abused from the persons supporting the PMLN party. 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 resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act). In such cases, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and “comfortly-founded fear” subject to such fear.