1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

(a) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Nationality: Kazaktan - Entry: December 1, 2018 (Status B1): - Date of application for recognition of refugee status: December 13, 2018

Defendant’s decision on the recognition of refugee status as of December 26, 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 asserted that the Plaintiff was assaulted and threatened on the ground that the wife died from a disease in Kazakhistan and the wife was responsible for the wife’s death from his family members, including South and North Korea, and thus, the Plaintiff could be stuffed if the Plaintiff returned to Kazakhistan. This constitutes a reasonable fear.

Therefore, the instant disposition is unlawful.

B. The term “refugee” refers 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 a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.

(See Supreme Court Decision 2012Du14378 Decided April 25, 2013). Even in accordance with the Plaintiff’s assertion, the threat, as alleged by the Plaintiff, is a type of “a threat.”