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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 March 2, 2011, the Plaintiff, who was a nationality of Pakistan, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on March 2, 201, and applied for refugee status to the Defendant on November 30, 2015.
B. On December 9, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on December 16, 2015, but the said objection was dismissed on February 24, 2017.
[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 the Agamy, Ngamy, and Ngamy, and on the ground that the Agamy continues to demand the Government of the Agama, it threatens the Plaintiff to visit the Agamy.
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. 1) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected 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, 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 (Article 2 Subparag. 1). 2 of the Refugee Act), or who is a stateless foreigner who does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1).