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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 January 20, 2016, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) from January 20, 2016, and applied for refugee recognition to the Defendant on August 17, 2016.
B. On July 27, 2017, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff, as Muslim, is forced from Islamic extreme terrorist terrorist groups consisting of Muslim belonging to other species, to change the suslim and join as an organization.
Therefore, if the Plaintiff returned to Kazakhstan, it shall be deemed that there is a risk of persecution, and the disposition of this case which the Plaintiff did not recognize as a refugee should be deemed unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which had resided in the Republic of Korea before entering the Republic of Korea, or who were unable or does not want to return to the country of nationality, and “persecution,” which is the requirement for recognition of refugee, must be recognized as a refugee, and the term “persecution,” which is a threat to life, body or freedom, shall be