The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On January 20, 2018, the Plaintiff, as a foreigner of the Republic of Kenya (hereinafter “Kenya”), entered the Republic of Korea as a short-term visit (C-3) sojourn status, and filed an application for recognition of refugee status (hereinafter “instant application”) with the Defendant on April 20, 2018.

B. On March 3, 2020, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “ sufficiently based fears that would be prejudicial to persecution” as the 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 “Disposition in this case”). 【No dispute over the grounds for recognition】 The entry in Gap’s Evidence Nos. 1, 2, and Eul’s Evidence Nos. 1 through 4 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened by the husband’s pro-Japanese who opposed to marriage with the husband, who is a lusium with a different clan from that of the husband. The husband’s punishment was also threatened by a dispute over land.

In addition, the plaintiff is likely to be threatened with the threat of murder due to the dispute between the satisfaction in Kenya which occurs in the election.

Therefore, even if the plaintiff's return to Kenya could cause a threat to his/her life, the defendant's disposition against which the plaintiff's application for refugee status was not accepted should be revoked as it is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, “Refugee” can not be returned to a foreigner who is unable or does not wish to be protected by the country of nationality due to well-founded fear of being recognized as being detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear.