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 February 20, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality, and applied for refugee status to the Defendant on September 22, 2016.

B. On January 9, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that, as to the Plaintiff, it cannot be recognized as a “founded well-founded fear of being injured” 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on January 10, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that his spouse had been divorced due to the increase in the amount of damages caused by drinking alcohol and the increase in the amount of narcotics, but his spouse refused the divorce.

If the plaintiff returned to Kazakhstan, the plaintiff can find his/her spouse, so the plaintiff should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines “Refugees” as “foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear of being recognized as being imprisonable on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, cannot return to, or does not want to return to, the country in which they had resided before entering the Republic of Korea.”

According to the above provision, in order to be recognized as a refugee, gambling, which is the subject of fear to the refugee applicant by itself, is the race, religion, nationality, status of a member of a specific social group or political organization of the refugee applicant.