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

A. On February 7, 2017, the Plaintiff, a foreigner of Russian nationality, entered the Republic of Korea as a visa exemption (B-1) status on February 7, 2017, and stayed, and applied for refugee status to the Defendant on April 16, 2017.

B. On March 16, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 3, 2018, but was dismissed on September 14, 2018, and the Plaintiff received a notice of dismissal decision on October 5, 2018.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a threat of murder, etc. by refusing the Plaintiff’s demand of Skin’s money from the former husband who was divorced from Russia, and following the Plaintiff’s refusal of the demand of Skin’s money from the latter husband.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner is an essential human dignity, including threats to life, body or freedom.