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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. On July 27, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status to the Defendant on July 2, 2018.
B. On July 20, 2018, the Defendant rendered a disposition rejecting refugee status recognition (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Ground for recognition] Unsatisfy
2. Whether the disposition is lawful;
A. The plaintiff asserted that he was unable to admit refugee status by entering the Republic of Korea after he was in operation of a business by opening a Russian from the Republic of Korea and was subject to the police's request for a word "person" and violence, and disposed of the fear. The disposition of this case that did not recognize the plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” refers to a foreigner who is unable to be protected or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is not a national who, due to such fear, is unable to return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act). In such cases, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” (see, e.g., Supreme Court Decision 2007Du19539, Jul. 24, 2008).