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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 18, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status to the Defendant on April 22, 2016, after entering the Republic of Korea as a visa exemption (B-1) status.
On October 18, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
The Plaintiff filed an objection with the Minister of Justice on November 14, 2016, but was dismissed on April 21, 2017.
On June 26, 2017, the Plaintiff received a notice of decision to dismiss an objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was that the Plaintiff married with Russia women with the Russian nationality from Russia origin.
The wife sent the child to his parents due to mental illness, and the wife took care of the child and threatened the plaintiff.
The omission of the wife assaulted and threatened the plaintiff on the ground that the plaintiff's skin color was examined.
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of being injured for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.