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. On March 19, 2014, the Plaintiff, who was a Pakistanan nationality, was naturalizationed by the South African Republic of South Africa (hereinafter “ South Africa”), applied for refugee status to the Defendant on June 13, 2014 after entering the Republic of Korea as a general visa (B2-1) sojourn status on March 19, 2014.
B. On December 5, 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 of persecution” as a requirement for refugee status 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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on January 6, 2017, but was ordered to dismiss the Plaintiff’s application on June 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On February 2014, the Plaintiff’s assertion of the family that the Plaintiff operates in the remaining public domain continued to demand the money from black persons and to prevent the household store. The remaining public domains are difficult to seek jobs.
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.