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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 June 1, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status to the Defendant on January 10, 2018.
B. On August 3, 2018, the Defendant rendered a disposition rejecting refugee status recognition (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have “a sufficiently-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
[Ground for recognition] Unsatisfy
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is in the war between Macra and Russia, and if the Plaintiff returned to Russia, the application for recognition of refugee status was made as compulsory conscription. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
(B) The plaintiff argued to the effect that, upon refugee interviews, he/she is living in Russia by acquiring the nationality of Russia from Russia, and that he/she shall apply for refugee status as a threat from Sinsia.
Judgment
1) “Refugee” means 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 specific social group or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and there is sufficient ground for such fear.