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 October 23, 2019, the Plaintiff, a national of the Republic of Kazakhstan, entered the Republic of Korea as a sojourn eligibility for visa exemption (B-1) and applied for refugee status to the Defendant on November 14, 2019.

B. On November 28, 2019, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as a requirement of refugee under 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”).

C. The Plaintiff filed an objection with the Minister of Justice on December 6, 2019, but the Minister of Justice dismissed the objection on June 19, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the husband, who was divorced from his home country, returned to himself and the plaintiff was assaulted, threatened, and kidnapped. For this reason, if the plaintiff returned to his home country, it is likely that the former husband may continue to be threatened.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. However, a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be harmed by reasons of race, religion, nationality, status as a member of a particular social group or political opinion, or a foreigner who has resided in the Republic of Korea prior to his/her entry into the Republic of Korea due to such fear, or who does not want to return to the country of nationality.