2. The costs of lawsuit shall be borne by the Plaintiff.

A. On June 16, 2016, the Plaintiff, a foreigner of Kenya’s nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status and stayed, and applied for refugee status to the Defendant on September 13, 2016.

B. On December 5, 2017, 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 12, 2018, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on October 19, 2018.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff, the Plaintiff’s assertion of the Plaintiff, was forced from the members of B, the organization of separateism, to open from the Kenya, to the Islamic school, and the Plaintiff’s family members returned to the place where they were actually living, and threatened by assault, etc.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless 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.

At this time, the term "persecution" to be received by the foreigner means life, body or life.