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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 February 7, 2007, the Plaintiff, a foreigner with the nationality of Pakistan, entered and staying in the Republic of Korea as a status of technical training (D-3) on February 7, 2007, and applied for refugee status to the Defendant on October 8, 2015.
B. On October 14, 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 where there is a well-founded fear that the Plaintiff would be subject to persecution” stipulated in 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 27, 2015, but was dismissed on September 9, 2016, and the Plaintiff received a notice of dismissal decision on October 13, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was a member of the PL-N (Pakistan Muss Lagle Nz) and was a sponsor of the PTI (Pakistan Tree-e-Saf) at the friendly’s request. The Plaintiff was threatened by the members of the PML-N in 2010 and 2011, who visited Pakistan.
Therefore, the defendant's disposition of this case, which was made on a different premise, is unlawful even though the plaintiff constitutes a refugee suffering from persecution on the ground of political opinion.
B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice has filed an application with respect to a foreigner within the Republic of Korea who is unable to be protected by the country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion, or who does not want the protection of the country