1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 5, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and applied for refugee status to the Defendant on January 12, 2016.

B. On January 26, 2016, 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. On February 12, 2016, the Plaintiff was notified of the instant disposition and filed an objection with the Minister of Justice on March 9, 2016, but the said objection was dismissed on July 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he was sexually abused by refusing to be sexual intercourse with her husband in the country of nationality, and was sexually abused. The plaintiff was born after the plaintiff was pregnant with the third child, and the her husband, who became aware of such fact, threatened the plaintiff to die in knife while assaulting the plaintiff.

In addition, the Plaintiff’s husband threatened the Plaintiff to die in the event of divorce, and around 2015, the Plaintiff could no longer with the husband’s marital life with the husband.

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. The term “refugee” can be returned to 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 particular social group, or political opinion, or to a country in which he/she resided before entering the Republic of Korea due to such fear.