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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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Pakistan - Entry and refugee application: March 8, 2015 (Status of Sojourn: C-3) / Application for refugee recognition on March 26, 2015
B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: A sufficiently-founded fear of persecution cannot be recognized.
(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that no dispute exists on September 24, 2015 (based on recognition), Gap’s evidence Nos. 1, 2, Eul’s statement of evidence Nos. 1, 2 and 3, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has been in dispute with B and C, which was living in the neighbor’s house in the direction of Pakistan, and the above siblings assaulted the Plaintiff from Pakistan on or around December 2002. On September 2014, there was a well-founded fear that the Plaintiff could be imprisoned on the ground of the membership of a specific social group.
B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means 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 specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by adding the whole purport of the arguments to the evidence as stated above 2) and the evidence stated in No. 5 of the evidence No. 5, it is difficult to view that the Plaintiff has “a well-founded fear on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and it may be recognized otherwise.