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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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Nationality: Kazaktan - Entry: January 25, 2017 (Status B1): - Application for recognition of refugee status: June 16, 2017
B. Defendant’s decision on the recognition of refugee status as of January 4, 2018 (hereinafter “instant disposition”): Grounds for not falling under “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol” (based on recognition)
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was threatened by the Plaintiff’s mother, who received a demand to pay the money in lieu of the money, as the Plaintiff’s mother borrowed money from Russa, a force of Islamic extremeism, and thus was not repaid.
In the event that the Plaintiff returned to Kazakhstan, there is sufficient risk of such threat, which constitutes a reasonable fear.
Therefore, the instant disposition 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 Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to 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 the protection of the country of nationality, or who, owing to such fear, cannot return to the country in which they were living in the Republic of Korea before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country in which they were living in the Republic of Korea, shall be recognized as a refugee, and gambling satisfying the requirements for recognition of a refugee refers to any act causing serious infringement of, or discrimination against, fundamental human dignity, including threats to life, body, or freedom, and any foreigner applying for recognition of a refugee shall prove that there is a well
(See Supreme Court Decision 2012Du14378 Decided April 25, 2013).